Nutribullet Portable Blender - Eggshell NB07400LB

EBAY STORE TERMS AND CONDITIONS

Welcome to the Bing Lee Electrics Pty Limited's eBay Marketplace Store ("eBay Store").

ACCEPTANCE OF TERMS OF USE

1. These Terms of Use set out the basis upon which you agree to use the EBay Store. Please read them carefully. If you do not agree with the Terms of Use, please cease using the eBay Store and eBay visit us at of our many retail stores.
2. By using the eBay Store, including by making any offer to purchase through the eBay Store, you:
1. represent to Bing Lee that you are over the age of eighteen (18) years;
2. agree not to engage in any activity which may disrupt the eBay Store or the electronic systems used to support it;
3. consent to Bing Lee, in its absolute discretion, monitoring and restricting your access to the eBay Store;
4. agree that your use of the eBay Store is at your own risk;
5. undertake not to attempt to circumvent any security system used in connection with the eBay Store; and
6. acknowledge and accept these Terms of Use.
3. If you do not accept the Terms of Use, please cease using the eBay Store and eBay visit us one of our many retail stores.

DISCLAIMER

4. Bing Lee will not be liable for any loss or damage you suffer by:
1. the use of the eBay Store or a linked eBay Store; or
2. any breakdown or interruption to the eBay Store.
5. Bing Lee makes no representation that the eBay Store or its contents complies with any applicable law outside Australia.
6. Images of goods published on the eBay Store without an advertised price beside the image are not offered for sale.
7. Photographs are illustrative only and may vary from the goods described or offered for sale.
8. The eBay Store may display the products or services of a party other than Bing Lee including in the course of promotions, events and competitions ("Third Party Advertising"). No representation or warranty is made or assurance given by Bing Lee in relation to Third Party Advertising and you agree that Bing Lee will not be liable to you for any loss or damage you suffer in reliance on any representation, warranty, assurance, error or omission in any Third Party Advertising.

COPYRIGHT AND TRADE MARKS

9. The contents of the eBay Store is Bing Lee's intellectual property and subject to copyright and trademark rights. Other than as permitted under the Copyright Act 1968 (Commonwealth of Australia) or by any applicable law governing Bing Lee's dealings with you, you must not modify, reproduce, broadcast, print, publish or create any derivative works from any part of the eBay Store without Bing Lee's written consent. Nothing on the eBay Store should be construed as conferring any licence or other right to use Bing Lee's intellectual property.

LINKED WEBSITES OR CONTENT

10. Bing Lee makes no representation about any website or content accessed through a link on the eBay Store. The fact that the eBay Store contains links to other websites does not constitute any endorsement by Bing Lee of the relevant website or the goods or services promoted through it. You agree that Bing Lee will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by Bing Lee.

WARRANTY AND RISK

11. Except as mandated by law in Australia, no warranty is given by Bing Lee about the accuracy or completeness of the contents of the eBay Store. The information on the eBay Store is of a general nature and should be used accordingly. Bing Lee does not warrant or represent that the eBay Store or any programme or file downloaded from it will be free of viruses or other electronic threats which may give rise to loss or damage to hardware, software or data. You expressly agree with Bing Lee that you assume all risk associated with your use of the eBay Store or any file or programme associated with it,

SECURITY WARNING

12. Bing Lee cannot guarantee:
1. the security of your data transmitted over the internet; or
2. that the data you receive from Bing Lee will be secure, virus free or will not damage or interfere with your computer systems.
13. You should take steps to ensure the security of your systems when using the eBay Store. Bing Lee will not be liable to you for any loss or damage you suffer from viruses, malicious computer code or other forms of electronic interference ("Interference"). Except to the extent otherwise required by law including under the Australian Consumer Law, Bing Lee will not be liable to You or any other person, for any loss, damage, cost or expense directly or indirectly incurred as result of an Order not being received, information You provided being incorrect, incomplete or inaccurate or arising out of or in connection with of any Interference.
14. Please report to Bing Lee any suspected interference or damage to your electronic systems arising from your use of the eBay Store or any linked website.

COOKIES AND WEB BEACONS

15. Cookies and web beacons may be used on the eBay Store and you consent to the use of cookies, web beacons and other tracking to gather data in relation to your use of the eBay Store. Use of personal information by Bing Lee is subject to Bing Lee's Privacy Policy which may be found.

COOKIES AND WEB BEACONS

16. Bing Lee may vary the eBay Store or these eBay Store Terms of Use from time to time. You should check the eBay Store Terms of Use each time you use the eBay Store to ensure you are familiar with, accept and observe the eBay Store Terms of Use.

SEVERABLE TERMS.

17. Nothing in these eBay Store Terms of Use will be construed as excluding the operation of any law which is mandatory and cannot be excluded by agreement. If any term set out in these eBay Store Terms of Use is invalid, void or unenforceable, that term is severed from these eBay Store Terms of Use and will not affect the validity or enforceability of the remaining terms.

GOVERNING LAW

18. These eBay Store Terms of Use are governed by the laws of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales

EBAY STORE TERMS OF SALE

APPLICATION

1. These terms of sale ("Terms") apply to each sale ("Contract") formed on acceptance of an order for goods and/or services ("Goods") placed by a customer ("You") with Bing Lee Electrics Pty Limited ABN 61 000 733 488 ("Bing Lee") through the Bing Lee eBay Store. These Terms do not apply to the sale of Goods by Bing Lee in store or through Bing Lee's websites other than the Bing Lee eBay Store. By placing an order or bidding on the Bing Lee eBay Store, you accept these Terms.

AUSTRALIAN CONSUMER LAW

2. The sale of Goods by Bing Lee through the Bing Lee eBay Store will be subject to certain laws including, without limitation, the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

EBAY ACCOUNT

3. Except to the extent otherwise required by law, including under the Australian Consumer Law, Bing Lee 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:
1. your eBay Account information being incomplete or inaccurate; or
2. any unauthorised use of your password or eBay Account occuring before You notify Bing Lee of the unauthorised use.
4. You agree to reimburse Bing Lee for any loss, damage, cost or expense Bing Lee incurs as a result of any unauthorised use of your eBay Account occurring before you notify Bing Lee that the use is unauthorised.

PRICING OF GOODS

5. The prices of Goods are as shown alongside the relevant Goods on the Bing Lee eBay Store. In the case of Goods subject to auction, the current bid for the Goods and the closing time for the auction will be displayed.
6. In addition to the displayed price of Goods, You will need to pay any advertised delivery charge and any additional delivery charge applicable because you live in a remote location or because you have special delivery requirements (together referred to as "Delivery Charge").
7. By placing an order or bidding for Goods on the Bing Lee eBay Store, you agree to pay the applicable price, delivery charges and GST in respect of the Goods. All prices and delivery charges quoted are in Australian dollars and inclusive of Goods and Services Tax ("GST").
8. Prices displayed on Bing Lee's eBay Store are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by Bing Lee as a merchant within the eBay Marketplace. Subsequent price changes (either up or down) will not apply to an Order once accepted. Pricing displayed on the Bing Lee eBay Store is not applicable to any other Bing Lee website or physical retail location.

PLACING ORDERS

9. An order for Goods ("Order") may be placed by following the instructions on the Bing Lee eBay Store or placing a winning bid in the case of an Bing Lee eBay Store auction. By clicking the "buy it now" button on eBay, you offer to purchase from Bing Lee the Goods shown in the relevant listing for the disclosed price and Delivery Charge. Bing Lee may accept or reject your offer to purchase Goods in its absolute discretion. Bing Lee reserves the right to accept or reject an Order for a commercial quantity of Goods. If Bing Lee accepts an Order, it will be a separate and binding agreement to purchase the relevant Goods on terms including these Terms.
10. Unless expressly disclosed to Bing Lee when an Order is placed, You acknowledge that the Goods You Order are intended only for personal, domestic and non-commercial use.
11. Various Australian laws restrict the distribution of certain Goods based on their content or intended use ("Classified Goods"). By placing an Order for Classified Goods you warrant that you are:
1. 18 years of age or older, where your Order is for Goods that are classified R18+;
2. 15 years of age or older, where your Order is for Goods that are classified R15+; and
3. not purchasing Classified Goods for a person to whom the sale of Classified Goods is restricted.

ORDER INFORMATION

12. Before placing an Order, You should carefully check your information including product description and quantity. After an Order is submitted ti cannot changed or cancelled once the Order has been accepted by Bing Lee. Each Order once accepted by Bing Lee is treated as a separate binding agreement. If an order comprises multiple items in the Order, those Goods will, where practicable, be shipped together. However, Bing Lee is unable to offer combined shipping and a separate Delivery Charge is applicable to each item.
13. You warrant to Bing Lee that all information provided by You in relation to each Order is complete, true and accurate. Except to the extent otherwise required by law, including under the Australian Consumer Law, Bing Lee will not be liable to You or any other person, for any loss, damage, cost or expense directly or indirectly incurred as result of Order information being incorrect, incomplete or inaccurate.

CANCELLATION

14. You may cancel an Order if Bing Lee has breached these Terms or is unable to fulfil Your Order within a reasonable time of the estimated delivery date and the delay:
1. is not in any way attributable to your failure including a failure to provide accurate delivery information; or
2. is attributable to a natural disaster, terrorism, war or strike.
15. Except to the extent otherwise required by law, including under the Australian Consumer Law, Bing Lee may cancel an Order at any time for any reason even after payment has been accepted from You. This may occur where Bing Lee cannot source Goods because suppliers do not have available stock despite assurances to the contrary. Bing Lee may also cancel or suspend any sale or delivery of Goods in the event of an unforeseen occurrence, delay or non-performance which, in Bing Lee's opinion, renders the sale or delivery impractical or uneconomic. Such events include things related directly or indirectly to war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, an electronic attack on electronic systems, failure or interruption of any electronic system or essential service, such as electricity supply, internet, communications and payment systems and any other cause beyond Bing Lee's control. Bing Lee may also cancel an Order at any time for any reason even after payment has been accepted from You where the Order has been placed and accepted based on a website error such as a mis-pricing, mis-description of the relevant Goods or other error not known to Bing Lee at the time of the transaction.
16. If an Order is validly cancelled as set out in clause 14 or clause 15 after You have made payment, Bing Lee will refund any payment made in respect of that Order. Except to the extent otherwise required by law, including under the Australian Consumer Law, Bing Lee will not be liable to You or any other person for any loss, damage, cost or expense arising directly or indirectly from the cancellation of any Order.

SECONDS AND RECONDITIONED STOCK

17. Goods which are shown on the Bing Lee eBay Store as seconds, ex display or reconditioned stock are sold in working order with manufacturer's warranty (unless otherwise indicated) but may be marked, have imperfections such as dents or scratches and may have been previously repaired by the manufacturer. Any sale is made subject to any express disclosure in relation to the condition and/or quality of the item and this clause 17.

RETURNS

18. Bing Lee will deal with claims for return of Goods in accordance with Bing Lee's eBay Returns Policy. A copy of Bing Lee's eBay Returns Policy is available.

PAYMENT AND INTEREST

19. Bing Lee reserves the right to require payment for Goods, Delivery Charges and applicable taxes in advance of delivery. Bing Lee eBay Store orders must be paid for in full prior to order fulfilment.
20. Overdue amounts owing to Bing Lee will be subject to interest calculated at the rate of ten per cent (10%) per annum.
21. In the event that You fail to pay for Goods in accordance with these Terms, You must, if requested, return the Goods to Bing Lee at the your cost.

PROOF OF TRANSACTION

22. Once You have placed your Order, you will be sent an email confirming that your Order has been submitted and your Order details including an order number. Please note that this email does not mean that Bing Lee has accepted your Order. If Bing Lee does not accept your Order, You will be sent an email advising that Bing Lee cannot accept your Order. If Bing Lee accepts your Order, you will be sent an email advising that your Order has been accepted by Bing Lee. All accepted Orders constitute binding agreements incorporating and subject to these Terms.
23. If your Order is accepted by Bing Lee, your payment will be processed and an email sent to You confirming payment. Payments must be made by either Mastercard, Visa, American Express or Paypal. By placing an Order which is accepted by Bing Lee You authorise Bing Lee and its agents to process the relevant payment using your chosen payment method. All payments by Mastercard, Visa, American Express will be processed using Paypal. Credit and debit card details must match your information as provided in your Order. Bing Lee reserves the right to change available payment options and may also refuse to process payment by your chosen payment method because of potential fraud, payment irregularities, invalid credit or debit card information, declined payment by your financial institution or for other good reason.
24. Bing Lee will provide You with a "proof of transaction" and if requested, an itemised bill in accordance with the Australian Consumer Law made under the Competition and Consumer Act 2010 (Cth). A tax invoice will be provided on delivery. If you prefer that the invoice is not sent with the Goods, please contact our customer service team.

DELIVERY AND INSPECTION

25. Goods will not be shipped until cleared funds have been received by Bing Lee from You or your financial institution.
26. For reasons noted above, changes to delivery details by You cannot be made once an Order has been accepted by Bing Lee. You or your authorised representative must be present to accept delivery of Goods at the nominated delivery address on the scheduled delivery date. To minimise disruption, where your order is sent using Bing Lee delivery trucks, our driver will contact You on the morning of delivery with an approximate delivery time.
27. Delivery times and dates provided by Bing Lee are approximations only. Bing Lee will not be liable for any loss or damage suffered by You or any other person due to any failure to supply the Goods by a specific time or date. Unless otherwise agreed, when You have nominated an address for delivery, delivery to that address will satisfy Bing Lee's delivery obligations under the Contract. An additional delivery charge will apply if Goods are not delivered because You were not present at the nominated address on the scheduled delivery date. Bing Lee may, in its absolute discretion, suspend or cancel delivery if You are overdue in any payment to Bing Lee or in breach of these Terms.
28. Sometimes Bing Lee may offer a delivery service which includes the removal of the old product. If this service is available, Bing Lee's carriers will, at their sole discretion, not be obligated to provide the service unless if the carrier is satisfied the removal can be undertaken safely with due care and diligence. However, this service is not presently offered for Orders placed through Bing Lee's eBay Store.
29. You must notify Bing Lee within 24 hours of delivery of any damage to Goods or if the Goods are not in accordance with Your order. Failing such notice, and only to the extent permitted by law, You will be deemed to have accepted the Goods.

TITLE

30. Except to the extent otherwise required by law, including under the Australian Consumer Law, title to Goods will remain with Bing Lee and not pass to You until You have paid all amounts owing to Bing Lee by You on any account. If You sell Goods contrary to Bing Lee's title, You agree to hold the proceeds of sale as trustee for Bing Lee. Bing Lee will be entitled to recover all proceeds held on trust and You agree to bear the costs of such recovery action. The risk of loss or damage to the Goods will pass to You on delivery.

BING LEE LIABILITY

31. Except to the extent otherwise mandated by law and which cannot be excluded, including under the Australian Consumer Law, Bing Lee will not be liable to You or any other person for any loss or damage including loss of income, profit, opportunity or data or any indirect, consequential, punitive or exemplary loss or damage in respect of the supply of the Goods or otherwise the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or eBay Account.
32. Nothing in these Terms will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to the Contract by law, including under the Australian Consumer Law, where to do so would be illegal or render any provision of the Contract or these Terms void or unenforceable and to the extent these Terms purport to do so, the relevant provision of these Terms is severed and will not affect the validity of the balance of these Terms.

COMPETITOR PRICING

33. Bing Lee's Competitor Pricing Policy does not apply to sales through Bing Lee's eBay Store.

AUTHORISED SALES AGENCY

34. Bing Lee acts as an authorised sales agent for certain manufacturers including Miele and Asko. Therefore these brands are not offered for sale on eBay. If you would like to purchase these brands please visit one of our retail stores to make your purchase.

PRIVACY

35. Bing Lee will collect and deal with your personal information only in accordance with Bing Lee's Privacy Policy and the Privacy Act 1988 (Cth). A copy of the Privacy Policy is available from Bing Lee website or here. If you place an Order for someone else to receive the Goods You must obtain their consent before disclosing their personal information and placing an Order using their personal information. By placing an Order for someone else, You warrant to Bing Lee that You have obtained the relevant consent of that person to disclose their personal information to Bing Lee. Personal information collected by eBay is subject to eBay's applicable privacy policy.

GOODS AND SERVICES TAX

36. In these Terms, "GST", "supply", "taxable supply" and "tax invoice" have the meaning given to such terms in A New Tax System (Goods and Services) Tax Act 1999 (Cth) and "GST" also includes any penalties or additional tax imposed in relation to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST if there is a taxable supply.
37. If the amount of GST applicable to a sale made to You differs from the amount of GST You have paid for the Goods, then the amount of GST payable You will be adjusted either by further payment by You or repayment by Bing Lee to You of the amount of the adjustment as the case may be.

INCONSISTENCY

38. To the extent of any inconsistency between these Terms and any user agreement or terms and conditions which apply to your eBay Account or your use of www.eBay.com.au, the provisions of these Terms will prevail to the extent of the inconsistency.

ENTIRE AGREEMENT

39. The Contract and these Terms constitute the entire agreement between Bing Lee and You in respect of the supply of the Goods and supersedes all prior agreements and understandings between the parties in connection with that supply.

VARIATION

40. The Contract and these Terms cannot be varied without Bing Lee's written consent.

GOVERNING LAW

41. The Contract will be governed by the laws of New South Wales and Bing Lee and You submit to the non-exclusive jurisdiction of the courts of New South Wales.

COMPETITOR PRICING POLICY

1. Bing Lee's Competitor Pricing Policy does not apply to sales through Bing Lee's eBay store.

RETURNS POLICY

PURPOSE

1. This policy sets out the circumstances in which goods supplied by Bing Lee Electrics Pty Limited ("Bing Lee") to a customer ("you") will be accepted for return.

AUSTRALIAN CONSUMER LAW

2. Bing Lee's goods and services come with consumer guarantees under the Australian Consumer Law ("ACL") which cannot be excluded. This policy is in addition to any rights you have at law including under the ACL which is Schedule 2 of the Competition and Consumer Act, 2010 ("Act").

NO CHANGE OF MIND RETURNS

3. Please choose carefully as Bing Lee does not accept return of goods because you change your mind or make a wrong decision about Bing Lee's goods or services.

ASSESSMENT OF GOODS FOR RETURN

4. Bing Lee reserves the right to assess the eligibility of goods for return (including the condition and age of the goods) BEFORE accepting them as returned. All goods which a customer wants assessed for return must be:
1. accompanied by proof of purchase from Bing Lee either by providing a receipt or other proof of transaction; and
2. unmarked and complete with instruction books and accessories such as remotes, controllers, power cords, batteries, battery chargers, connectivity cables and any other out of box accessories supplied as part of the purchase.
5. Please note that it may be necessary for the manufacturer of the goods to inspect the goods in order to assess eligibility for return. Bing Lee will endeavour to procure such assessment within a reasonable time.
6. While goods are being assessed, Bing Lee will not be deemed to have accepted the goods for return.

WHEN GOODS WILL BE ACCEPTED FOR RETURN

7. Bing Lee will accept goods for return only after assessment as set out above, where the goods:
1. fail to meet a consumer guarantee under the ACL; or
2. are subject to any express warranty given by:
1. Bing Lee; or
2. the manufacturer of the goods;
3. and the goods are returned in accordance with the terms of that warranty.

WHAT HAPPENS WHEN GOODS ARE ACCEPTED FOR RETURN?

8. Subject to any obligation of Bing Lee at law to the contrary, when Bing Lee accepts goods for return:
1. for a failure to comply with a consumer guarantee which is not a "major failure", Bing Lee may either:
1. have the goods repaired or provide an identical replacement ; or
2. provide a refund of the amount paid for the goods;
3. within a reasonable time; and
2. for a failure to comply with a consumer guarantee which cannot be remedied or a "major failure" (as defined in the ACL), you may either:
1. reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);
2. keep the goods and get compensation for any drop in value of the goods caused by the failure; or
3. agree with Bing Lee to a repair of the goods; and
3. under express warranty, Bing Lee may either repair or replace the goods or offer a refund in accordance with the express warranty.
9. A "major failure" is defined in the ACL and broadly is one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, the goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard you should refer to the ACL.
10. If you reject goods purchased from Bing Lee in accordance with the ACL, you must return the goods to Bing Lee. If the goods cannot be returned without significant cost to you as prescribed under the ACL, you may ask Bing Lee to collect the goods.
11. If goods are accepted for repair, Bing Lee will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
12. If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque, EFT or PayPal depending on your original payment method for the goods.

WHAT HAPPENS AFTER YOUR GOODS HAVE BEEN REPAIRED?

13. After your goods have been repaired or replacement goods become available, as the case may be, Bing Lee will contact you to make arrangements for delivery of your goods. Bing Lee will only pay for delivery of the goods if they were repaired or replaced because of a major failure or if Bing Lee is required by law to meet the delivery cost.

GOODS NOT ACCEPTED FOR RETURN

14. Subject to any obligation at law to the contrary, including under the Act, certain goods will not be accepted for return because of their nature, including the following:
    1. hygiene and personal care products;
    2. gift cards and recharge cards;
    3. photo processing and imaging products;
    4. unsealed printer cartridges;
    5. unsealed computer software;
    6. pre-paid mobile phones;
    7. goods supplied directly from Supplier (e.g. Miele and Asko); and
    8. special orders.

    PRESCRIBED INFORMATION REGARDING REPAIR OF GOODS

15. Goods returned for repair which are capable of retaining "user-generated data" as defined under the Act, may as a result of the repair, be subject to loss of data.
16. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.

ONLINE SALE RETURNS

17. If you purchased goods online via Bing Lee's website or eBay store and you would like to return them, you should first contact our Customer Services Department via eBay who will give you a Tracking Number ("TN") to return the goods via Australia Post. If you reside within NSW or the ACT, you may return the goods to a Bing Lee retail store to determine the eligibility of the return.
18. The process for return of goods purchased from Bing Lee online or eBay is set out in this Returns .

STATUTORY RIGHTS NOT AFFECTED

19. This Returns Policy will not affect your statutory rights including those under the ACL. To the extent of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.

FURTHER INFORMATION

20. If you have a question in relation to this Returns Policy or believe that Bing Lee or any of our staff have not observed your rights under the ACL, please do not hesitate to contact Bing Lee by writing to:

    CUSTOMER SERVICE

    Bing Lee Electrics Pty Limited
    Level 1, 702 Woodville Road
    Old Guildford NSW 2161
    BING LEE ELECTRICS PTY LTD
    ABN 61 000 733 488

PRIVACY POLICY

RESPECTING YOUR PRIVACY

1. Bing Lee Electrics Pty Limited ABN 61 000 733 488 and each of its related entities ("Bing Lee") takes its obligations under the Privacy Act, 1988 (Cth) ("Act") and the Australian Privacy Principles seriously. Bing Lee respects the right to privacy of its customers, suppliers, contractors, agents and others with whom it deals ("You/ Your") and understands the need to protect Your personal information.
2. Bing Lee is bound by the Australian Privacy Principles made under the Act and other laws and codes relating to personal information.
3. This Policy does not apply to information held by Bing Lee about its employees.

OUR PRIVACY POLICY

4. This Privacy Policy sets out how Bing Lee manages Your personal information. It also describes, in general terms, the types of personal information Bing Lee holds, for what purpose and how that information is collected, used, stored and disclosed. This Privacy Policy applies to all Your dealings with Bing Lee whether through our stores, franchisees, warehouses or websites.

COLLECTING YOUR PERSONAL INFORMATION

5. As a large retailer of consumer goods and services, personal information collected and maintained by Bing Lee generally comprises:
1. personal details such as name, address, drivers licence information, date of birth and place of birth information;
2. contact details including phone number, fax number and email address;
3. credit card and cheque details;
4. reports from credit reporting agencies;
5. business details such as company name, size and business type; and
6. unique identifiers such as user name.
6. This personal information is collected for the purpose of Bing Lee's dealings with its customers, performing credit worthiness checks in accordance with Bing Lee's credit policies and promoting and marketing Bing Lee's goods and services.
7. Bing Lee does not collect information about a customer's racial or ethnic background, political views or persuasions, membership of any political association, professional or trade association, trade union membership, religious belief or affiliation, philosophical belief, sexual preference or practice, criminal record or health information.

USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

8. Your personal information, as disclosed at the time of collection, is used by Bing Lee for the primary purpose of supplying You with Our goods and services. It is also used for ancillary purposes such as locating and identifying customers or otherwise servicing Bing Lee's relationship with its customers.
9. Bing Lee may also use personal information collected for the purpose of marketing its goods and services. If, at any time, You do not wish to receive direct marketing material, You may elect to "opt-out" by clicking on the link appearing on the marketing material or by notifying Bing Lee's privacy officer that you do not wish to receive marketing material.
10. Bing Lee undertakes to You that it will not sell, license or exchange personal information about You. Bing Lee will not disclose personal information to third parties to market their goods and services. Bing Lee will not otherwise use or disclose Your personal information unless such use or disclosure is authorised under the Australian Privacy Principles. Some examples of where such use or disclosure of Your personal information would be authorised are:
1. use or disclosure is required or authorised at law;
2. use or disclosure is necessary to prevent a threat to life, health or safety;
3. use or disclosure is necessary to investigate suspected unlawful activity, to prevent or detect criminal offence or improper conduct;
4. use or disclosure is reasonably necessary for the preparation or conduct of court proceedings; or
5. You have consented, either expressly or implicitly, to the disclosure of information about You.
11. Bing Lee relies upon third party contractors and suppliers ("Agents") to undertake specialised activities or services such as mail outs, internet communications and other promotions. The Agents act on behalf of Bing Lee and have agreed not to use any personal information about Bing Lee's customers provided to them for any purpose other than the specific engagement on behalf of Bing Lee. Whilst personal information may be provided to these Agents to enable them to perform their tasks, such information remains the property of Bing Lee.

WEBSITE INTERNET TRACKING TECHNOLOGY & SECURITY

12. This website is operated by eBay and You should refer to eBay's Policies in relation to the personal information and other data collected by eBay. In particular, You are encouraged to review eBay's User Privacy Notice (Privacy Policy) which may be found at http://pages.ebay.com.au/help/policies/privacy-policy.html

ACCURACY OF YOUR PERSONAL INFORMATION

13. Bing Lee aims to ensure that all personal information held about You is collected and used in accordance with the Australian Privacy Principles. This means that from time to time, Bing Lee may contact you to see if there are any changes to Your personal information. If You find Your personal information as held by Bing Lee is not accurate, complete or otherwise requires amendment, please do not hesitate to contact Bing Lee.

PERSONAL INFORMATION SECURITY

14. Bing Lee collects personal information from You to complete Your order, Bing Lee keeps such personal information secure and takes reasonable precautions to minimise the likelihood of loss, misuse or unauthorised access, modification or disclosure or alteration of such information. Other personal information held by eBay about You is handled by eBay in accordance with eBay's User Privacy Notice (Privacy Policy).

USE OF GOVERNMENT IDENTIFIERS

15. In certain circumstances, Bing Lee may be required to collect government identifiers from You such as Your tax file number or medicare, health or pension card number etc. Bing Lee does not use or disclose this information other than as required or authorised by law.

DESTRUCTION OF PERSONAL INFORMATION

16. Bing Lee takes all reasonable steps to ensure that personal information about its customers is destroyed when it is no longer required.

ACCESS TO YOUR PERSONAL INFORMATION

17. Provided You login to Your eBay account, Bing Lee will able to give You access to Your personal information which it holds about You. Your right to access Your personal information as held by Bing Lee is subject to certain exceptions allowed by law. Your right to access Your personal information may be affected by matters such as:
1. the information being commercially sensitive to Bing Lee or one of its service providers or customers;
2. access posing a threat to life or health of any individual;
3. access having an unreasonable impact on the privacy of others;
4. access being unlawful;
5. access prejudicing enforcement activities relating to criminal conduct or other breaches of law;
6. a frivolous or vexatious request by You or some other person on Your behalf;
7. the existence of a legal dispute or potential legal dispute; and
8. denial of access being required or authorised by law.
18. If Bing Lee denies You access to Your personal information, Bing Lee will provide an explanation for doing so. For most requests, Your information will be provided free of charge, however Bing Lee may charge a fee to cover its reasonable costs in relation to retrieving and supplying the information to You.

OBTAINING MORE INFORMATION ABOUT YOUR PRIVACY

19. More information about Your privacy rights, the Act or the Australian Privacy Principles is available from the Federal Privacy Commissioner's website.

RESOLVING YOUR PRIVACY CONCERNS

20. We have nominated a Privacy Officer to manage any privacy complaints. If You have any questions about Bing Lee's privacy practices or wish to make a complaint about how Your personal information is managed, please contact Bing Lee's privacy officer. Any privacy complaint will be handled by Bing Lee in accordance with this Privacy Policy. Bing Lee will respond to complaints as soon as practicable.

CHANGES TO THIS POLICY

21. Bing Lee reserves the right to make changes to this Privacy Policy from time to time. Any changes to the Privacy Policy will be published on Bing Lee's website. Bing Lee encourages You to periodically review the Privacy Policy for the latest information on Bing Lee's privacy practices.

CONTACTING BING LEE

22. To review and update Your personal information or to obtain a copy of this Privacy Policy, please contact Bing Lee's privacy officer.