Terms and Conditions

Terms and Conditions of Use

Please read these Terms and Conditions carefully before using the website https://bucketbarrow.com/ to browse and/or make a purchase.

Other Terms and Conditions relating specifically to Limited Warranty and Privacy can also be found on this website. You must agree to abide by these policies as part of your overall Terms and Conditions acceptance.

1. About the Website

1.1. Welcome to https://bucketbarrow.com/ (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale on the Website (the 'Product(s)'). The Website provides a service by granting you access to the content on the Website (the 'Purchase Services'/ ‘Services’).

1.2 The Website is operated by MSP INNOVATIONS PTY. LTD. (ABN 16608132458). Access to and use of the Website, or any of its associated Product(s) or Services, is provided by MSP INNOVATIONS PTY. LTD. Please read these Terms and Conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease viewing, browsing and using the Website, or any of its Services, immediately.

1.3 MSP INNOVATIONS PTY. LTD. reserves the right to review and change any of the Terms by updating this page at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MSP INNOVATIONS PTY. LTD. in the user interface.

3. Use of the Purchase Services

3.1 To access and as part of your continued use of the Purchase Services and/or when registering an account on the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • (a) Email address
  • (b) Preferred username
  • (c) Mailing/Delivery/Billing address
  • (d) Telephone number
  • (e) Password
  • (f) First Name and Surname

3.2. You warrant that any information you give to MSP INNOVATIONS PTY. LTD. in the course of accessing the Purchase Services or completing the account registration process will always be accurate, correct and up to date.

3.3. By accessing the Purchase Services or completing the account registration process, you agree to be bound by the Terms.

3.4. You may not use the Purchase Services and may not accept the Terms if:

  • (a) you are not of legal age to form a binding contract with MSP INNOVATIONS PTY. LTD.
  • (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Purchase Services

4. Your obligations when accessing the Purchase Services

4.1. When accessing the Purchase Services and/or as a registered account holder of the Website you agree to comply with the following:

  • (a) you will use the Purchase Services only for purposes that are permitted by:
    • (i) the Terms; and(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • (b) you will use the Product(s) only for purposes in which they were intended;
  • (c) you have the sole responsibility of protecting the confidentiality of your account password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
  • (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MSP INNOVATIONS PTY. LTD. of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of MSP INNOVATIONS PTY. LTD. providing the Purchase Services;
  • (f) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Product(s)

5.1 The Website provides you with the opportunity to browse and purchase various Product(s). These Product(s) and the Website Purchase Services are currently only available in Australia. No international orders are accepted.

5.2 In using the Purchase Services for the purchase of Product(s), you agree to the payment of the purchase price listed on the Website for the Product(s) (the 'Purchase Price') and Delivery Fees. You should refer to the Shipping section when accessing the Purchase Services for the applicable Delivery Fee for the Delivery Services. Purchase Prices displayed on the Website are in Australian dollars (AUD) and include GST where applicable. Purchase Prices are subject to change. Images of Product(s) shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of Product(s) are not included in the Purchase Price. We reserve the right to correct any errors published on the Website.

5.3 All payments of the Purchase Price must be in Australian Dollars (AUD) and must have cleared before an order can be processed and shipped to you.

5.4 Payment of the Purchase Price may be made with Mastercard, Visa credit cards or PayPal account via the PayPal Website Payments Pro facility (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

5.5 The name on the credit card used for payment of the Purchase Price must match the name on the personal information provided on the Website Purchase Services.

5.6 Following payment of the Purchase Price being confirmed by MSP INNOVATIONS PTY. LTD., you will be issued with a receipt and Order Number to confirm that the Purchase Price has been received and MSP INNOVATIONS PTY. LTD. may record your purchase details for future use. The Order Number is required when contacting our Product Support Line.

5.7 In using the Purchase Services, you agree to provide complete and accurate information as to your personal information (or those of your nominated recipient for gifts) to enable the processing and delivery of your Product(s).

5.8 MSP INNOVATIONS PTY. LTD. reserves the right to accept or reject your purchase of Product(s) for any reason at any time. Without limitation, some of our products may not be available for delivery to certain locations. MSP INNOVATIONS PTY. LTD. retains the right to determine what we can and cannot deliver to any particular location.

5.9 In the event that we reject your purchase of Product(s) we will notify you of that rejection and the reason for rejection via email within ten (10) Business Days. MSP INNOVATIONS PTY. LTD. will not be liable to you for your loss or that of any third party for the rejection of your purchase of Product(s) via our Purchase Services.

5.10 Where we reject your purchase of Product(s) via our Purchase Services and your payment for the Product(s) has already been processed, we will refund any money paid to us in respect of the Purchase Price and make reasonable endeavours to process the refund within ten (10) Business Days. The receipt evidencing your refund will depend on the period of time it takes your financial institution to finalise the refund. MSP INNOVATIONS PTY. LTD is not liable with respect to any loss, damage, cost, expense or injury you or any third party may or may not incur as a result of any delay in processing your refund.

5.10.1 If we are unable to contact you in relation to your purchase of Product(s) via our Purchase Services using the contact details you provide via the Purchase Services after having made reasonable attempts to contact you, we will reject your purchase of Product(s) in accordance with this clause.

6. Limited Warranty

MSP INNOVATIONS PTY LTD.’s warranty obligations for the Product(s) you purchase via Purchase Services are limited to the terms set forth in the BucketBarrow Limited Warranty.

7. Delivery

7.1 You acknowledge that the Purchase Services offered by MSP INNOVATIONS PTY. LTD. integrate delivery (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers'). You agree to the personal information you provide when accessing the Purchase Services or when registering an Account on the Website including your Delivery Address, Email Address and Phone Number being supplied to the Delivery Service Providers for the purpose of delivering your Product(s).

7.2. In providing the Purchase Services, MSP INNOVATIONS PTY. LTD. may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that MSP INNOVATIONS PTY. LTD. is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

7.3 In purchasing Product(s) via the Purchase Services you agree to accept delivery of the Product(s) at the Delivery Address you provide from Monday to Friday between 8am and 6pm and that you may be responsible for any charges and fees issued by the Delivery Service Provider as a result of not being available to accept delivery at these times. MSP INNOVATIONS PTY. LTD. via the Delivery Service Providers will make reasonable attempts to contact you before delivery of your Product(s) including providing email notification(s) with estimated delivery date and a link to an online tracking website for delivery status updates.

7.4 You agree that MSP INNOVATIONS PTY LTD is not liable or responsible for any alternate delivery options offered to you by our Delivery Service Providers including; delivery to a neighbor, Authority to Leave Safe, redelivery and/or change of delivery date. You agree that you are responsible for any costs and fees associated with these alternate delivery options.

7.5 The Delivery Services offered by the Delivery Service Providers are within Australia only. No international Delivery Services are currently available. Delivery Services are only available to valid street addresses, no Post Office (PO) Boxes will be accepted as shipping addresses.  Without limitation, some of our products may not be available for delivery to certain locations. MSP INNOVATIONS PTY. LTD. retains the right to determine what we can and cannot deliver to any particular location.

7.6 The personal information you provide when accessing the Purchase Services and/or when registering an Account on the Website will be used by the Delivery Service Providers to deliver the Product(s) you order via our Purchase Services. MSP INNOVATIONS 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 the Product(s) to you (or your nominated recipient) due to inaccurate or incomplete personal information provided. Without limitation, if you provide inaccurate shipping details via the personal information you provide in accessing the Purchase Services, MSP INNOVATIONS PTY. LTD. is under no obligation to resend your Product(s) if shipped to the address provided and not subsequently returned to MSP INNOVATIONS PTY. LTD. You agree to obtain consent from the recipient of a gift when providing their personal details to MSP INNOVATIONS PTY. LTD.

7.7 MSP INNOVATIONS PTY.LTD. endeavors to process purchases of Product(s) via the Purchase Services within 2-3 business days then dispatch to our Delivery Service Providers. Product(s) are not shipped or delivered on weekends or holidays.

7.8  You acknowledge and agree that notwithstanding anything else stated on the Website:

  • (a) MSP INNOVATIONS PTY. LTD. cannot guarantee that delivery will occur on the stated estimated delivery date;
  • (b) delivery time frames and estimated delivery date may change from time to time due to unforeseen circumstances; and
  • (c) except where required by applicable law, MSP INNOVATIONS PTY. LTD. is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers or may suffer as a result of a change in delivery times or a delay in delivery.

7.9 If we are unable to deliver your Product(s) to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card may be left for you notifying you where the Product(s) have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.

7.10 Where you do not collect your Product(s) from the outlet specified on the calling card within the time specified on the calling card, you must contact our Product Support Line using the details provided at the end of these Terms and Conditions of Use for further information with respect to claiming your Product(s). If Product(s) are required to be redelivered, you will be required to pay any associated fees for redelivery.

7.10.1 Upon delivery, you must inspect your Product(s) and check that the Product(s) delivered match the Product(s) you requested via our Purchase Services. If there are any incorrect or missing Product(s) or there is obvious damage to the Product(s) due to transit, you must contact our Product Support Line as soon as practicable using the details provided at the end of these Terms and Conditions of Use.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services, Product(s) and all of the related products of MSP INNOVATIONS PTY. LTD. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by MSP INNOVATIONS PTY. LTD. or its contributors.

8.2. MSP INNOVATIONS PTY. LTD. retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  • (a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of MSP INNOVATIONS PTY. LTD.
  • (b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design;
  • (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3. You may not, without the prior written permission of MSP INNOVATIONS PTY. LTD. and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

MSP INNOVATIONS PTY. LTD. takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to MSP INNOVATIONS's Privacy Policy. By using the Website and the Purchase Services associated with the Website, you are agreeing to the Privacy Policy. You can view our Privacy Policy and read more about why we collect personal information from you and how we use that information.

10. General Disclaimer

10.1 You acknowledge that MSP INNOVATIONS PTY. LTD. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Product(s) other than provided for pursuant to these Terms.

10.2 MSP INNOVATIONS PTY. LTD. will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

10.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.4 Subject to this clause, and to the extent permitted by law:

  • (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;
  • (b) MSP INNOVATIONS PTY. LTD. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.5. Use of the Website, the Purchase Services, and any of the Product(s) of MSP INNOVATIONS PTY. LTD. (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Product(s) of MSP INNOVATIONS PTY. LTD., are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MSP INNOVATIONS PTY. LTD. (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Product(s) or Purchase Services (including the Product(s) or Purchase Services of MSP INNOVATIONS PTY. LTD.) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  • (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Product(s);
  • (d) the Content or operation in respect to links which are provided for the User's convenience;
  • (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website;
  • (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

11.1 MSP INNOVATIONS PTY. LTD.'s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of MSP INNOVATIONS PTY. LTD. is the resupply of information or Purchase Services to you.

11.2 You expressly understand and agree that MSP INNOVATIONS PTY. LTD., its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.3 MSP INNOVATIONS PTY. LTD. is not responsible or liable in any manner for any site content (including the Content and Third Party Content ) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of MSP INNOVATIONS PTY. LTD., by third parties or by any of the Purchase Services offered by MSP INNOVATIONS PTY. LTD.

11.4 You acknowledge that MSP INNOVATIONS PTY. LTD. does not provide the Delivery Services to you and you agree that MSP INNOVATIONS PTY. LTD. will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by MSP INNOVATIONS PTY. LTD. as set out below.

12.2. If you want to terminate the Terms, you may do so by:

  • (a) sending notice in writing to MSP INNOVATIONS PTY. LTD. Via the email address:sales@bucketbarrow.com;
  • (b) notifying MSP INNOVATIONS PTY. LTD. at any time via method listed above;
  • (c) closing your accounts for all of the Purchase Services which you use, where MSP INNOVATIONS PTY. LTD. has made this option available to you.

12.3 MSP INNOVATIONS PTY. LTD. may at any time, terminate the Terms with you if:

  • (a) you have breached any provision of the Terms or intend to breach any provision;
  • (b) MSP INNOVATIONS PTY. LTD. is required to do so by law;
  • (c) the partner with whom MSP INNOVATIONS PTY. LTD. offered the Purchase Services to you has terminated its relationship with MSP INNOVATIONS PTY. LTD. or ceased to offer the Purchase Services to you;
  • (d) MSP INNOVATIONS PTY. LTD. is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service;
  • (e) the provision of the Purchase Services to you by MSP INNOVATIONS PTY. LTD. is, in the opinion of MSP INNOVATIONS PTY. LTD., no longer commercially viable.

12.4 Subject to local applicable laws, MSP INNOVATIONS PTY. LTD. reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts MSP INNOVATIONS PTY. LTD.’s name or reputation or violates the rights of those of another party.

12.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and MSP INNOVATIONS PTY. LTD. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Limitation of Liability

13.1 You agree to indemnify MSP INNOVATIONS PTY. LTD., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  • (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms;
  • (c) any breach of the Terms.

14. Dispute Resolution

14.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2 Notice:
A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute .

14.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

  • (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • (b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
  • (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • (d) The mediation will be held in Victoria, Australia.

14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

15. Venue and Jurisdiction

The Purchase Services offered by MSP INNOVATIONS PTY. LTD. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereunder shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

19. Contacting Us

If you have any questions about these Terms and Conditions of Use please contact us at sales@bucketbarrow.com

 

Date Modified: 8 November 2019