Terms and Conditions
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. When placing an order you will be asked to check a box marked 'I have read and agree to the Terms and Conditions' in doing so you will be accepting these Terms and Conditions and the "Order and Returns Information". If you do not agree to be bound by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions or the Order and Returns Information please contact our Customer Service Representatives by e-mail, or call us on (03) 9823 1555 between 9am-4pm Monday to Friday.
"Conditions" means these terms and conditions; "Product" means a product displayed for sale on the website; "Product Description" means a product displayed for sale on the website; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/us" means C.R. Kennedy & Company PTY. LTD.; "Website" means the website located at www.bowensdirect.com.au or any subsequent URL which may replace it; "Cookies" means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer; "Australia" means the Commonwealth of Australia and "You" means a user of this website.
Use of the website
Access. You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
The Website is intended for use by people resident in Australia. We reserve the right to reject orders from individuals based outside of Australia.
We may modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any personal information that you provide to us (or which is available on public registers) and any user information, from which we can identify you, is held securely. We use your information only for the following purposes:
Processing your orders; For statistical or survey purposes to improve this Website and its services to you; To serve website content to you; To administer this website; If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.
When you create a shopping account while ordering online you will be given the option to receive information from CR Kennedy & Company PTY. LTD. by e-mail about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you untick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by following the “unsubscribe” link in any email.
Your personal information may be disclosed to other businesses and to reputable third parties in order to process your order. CR Kennedy & Co requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation in place at any time. We will not release your personal information to any company outside of Bowens International Ltd for marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information and /or user information, we are entitled do so.
When entering any of our competitions, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a competition, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the website. You may unsubscribe at any time by following the unsubscribe link in any email received.
You warrant that: The personal information which you are required to provide when you register as a customer is true, accurate, current and compete in all respects; and you will notify us immediately of any changes to the personal information by contacting our Customer Service Representatives. You agree not to impersonate any other person or entity or to use a false name or a name you are not authorised to use.
You agree to fully indemnify, defent and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, loses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the website using your shopping account and/or your personal information.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Customer Service Manager, C.R. Kennedy & Company PTY. LTD, 663 Chapel Street, South Yarra VIC 3141.
Purchase of products
In so far as it is in our power to do so, we will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. See our Orders and Returns Information that is incorporated into these Conditions for more information.
Contract creation and electronic contracting.
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process.
You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the Products you have ordered. This is not an order confirmation or order acceptance from bowensdirect.com.au.
When your Product is shipped from our warehouse we will send you a dispatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the cancel an order instructions.
Non-acceptance of an order may be a result of one of the following:
- The Product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.
The details of your specific contract will not be filed by bowensdirect.com.au. If you do require any information regarding orders you have placed with bowensdirect.com.au please write to us at the following address: C.R. Kennedy & Company PTY. LTD. 663 Chapel Street, South Yarra VIC 3141
Contract cancellation under the Distance Selling Regulations.
Please note that, if you are contracting as a consumer, you are entitled to cancel this contract if you wish provided that you exercise your right and notify us no longer than 7 working days after the day you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and delivery charge, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the products, and that you have taken reasonable care of the products and not used them. Please follow the procedure set out in the Order and Returns Information.
Please note that your right to return products does NOT apply to bespoke goods made to your specification unless they are faulty.
Description of products
Each Product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery charges, warranties, and after-sales service. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our order acceptance policy.
All Products are covered by a two-year warranty against any faulty design, materials and workmanship. Gemini monolights and GEmini monolight kits are covered up to three years.
If a Product does not work on arrival, or up to a maximum period of four weeks from the date of dispatch of the Product, it should be returned to the dealer/retail outlet from where is was purchased for exchange (subject to stock availability). If the faulty unit was part of a kit, the dealer/retailer may choose to only replace the unit and not the entire kit. Alternatively the dealer may offer to repair the unit as soon as possible at no charge.
If neither an exchange nor repair is possible for the faulty unit, then a full refund may be made.
If a warranty fault occurs after the initial four-week period (and within the maximum warranty period), then the unit should be returned to the dealer, who will arrange to repair the unit as soon as possible, at no charge.
This warranty does not apply to consumable items such as flash tubes, modelling lamps, fuses or consumable type batteries.
Should a unit be returned at any time within the warranty period, and it is judged to have experienced any of the following; Failure to follow working instructions correctly, Accidental or willful damage, Misuse, Alteration or repair by a non authorised Bowens service/repair centre, then the warranty will be deemed invalid and any repairs required will be payable by the owner.
The dealer, in advance of undertaking any work that may be required, should notify the cost of any repairs to the owner.
No warranty repairs can be undertaken to any units without proof of purchase.
All warranty repairs or returns must be conducted with the dealer from where the product was purchased.
Other terms and conditions may be applicable in specific countries, if stated at the time of purchase.
Promotional discount codes offered by bowensdirect.com are valid only for use as part of a purchase made via bowensdirect.com.au, unless otherwise stated, such promotional discounts are not valid for use as part of a purchase in any other Bowens retailer.
Intellectual property and right to use.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws.
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the Website.
Limitation of liability.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
Save for the warranty incorporated into these Conditions, we disclaim to the fullest extent permissible under applicable law, any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.
Notwithstanding the foregoing our liability for any losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Products supplied by us.
Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what C.R. Kennedy & Company and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
The Conditions shall be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.
The registered company address of C.R. Kennedy & Company PTY. LTD is 663 Chapel Street, South Yarra VIC 3141.