Terms & Conditions

1. Introduction
These terms and conditions (Terms) constitute an agreement between you and Bianco Retail Pty Ltd (ACN 107 137 182) trading as Tony Bianco, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tony Bianco or we or us).
By accessing and using this website (located at www.tonybianco.com and related URLs) (Website) and our services, including (without limitation) purchasing products and use of our contact form or dealing with Tony Bianco in any way through the Website (Services), you accept, without limitation, modification or qualification) these Terms, and agree to be legally bound by these Terms.
If you do not wish to be bound by the Terms you should not access or use the Website.
All of our Website terms and policies, including our Privacy Policy and Returns Policy are incorporated into these Terms. You agree to comply with all such terms and policies when accessing or using our Services.
If you have any queries regarding these Terms, please contact enquiries@tonybianco.com.

2. Permissions
You agree to allow Tony Bianco to send you emails regarding the Services, including any information regarding or relating to Tony Bianco goods and services (Products), in accordance with our Privacy Policy.
You agree that you are responsible for your access to our Website and for ensuring that any persons who may access the Website through your internet connection are aware of and compliant with, these Terms.
You warrant and represent to us that you have the capacity and authority to be bound by these Terms and that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
You may place an order for Tony Bianco Products by completing the appropriate order form on the Website and selecting the Products that you wish to order (Order). By placing an Order, you authorise us to recover, through your credit or debit card, payments due to us for such Order.
Your order shall constitute an offer to us to purchase the Products specified in the order. Each order, Acceptance of each order and the supply of Products by Tony Bianco pursuant to an order shall be governed by these Terms.
If Tony Bianco accepts the Order, we will notify you of our acceptance by email, confirm the price of the Order and notify you of the relevant identification number (Invoice Number).
Tony Bianco reserves the right to:

• accept or decline all or part of your Order for any reason, including, without limitation, the unavailability of any Products, limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, where fraud is suspected, or where there is an error in your order;
• request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
• cancel an Order at any time, for any reason; or
• restrict the quantity or total value of Products available for purchase to each person or address.

Where we exercise the rights above, we will notify you by email and suggest alternative Products, remove a Product from an order or provide a refund of the purchase price where applicable and Tony Bianco shall not be liable for any loss or damage whatsoever arising from such acts.
You must quote the Invoice Number in any communications relating to such Order.

Cancellations
Please note that you cannot cancel or amend an order once it has been placed (except as permitted Australian Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Tony Bianco as a direct result of the cancellation (including, but not limited to, any loss of profits).

3. Products
Images and descriptions of Products
All descriptions and images of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Product images may vary from the delivered Products depending on your monitor, settings and computer equipment.
Unless otherwise stated, any additional accessories styled or shown in a product image are for display purposes only and are not included in the product price.
Availability of Products
All Orders are made subject to availability. Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable.
Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you submit your order. Please note that we may need to reject your Order or reject part of your Order for this reason.
If your Order is rejected or cancelled for this reason, we will refund in full all amounts you have paid in respect of such unavailable Products. Alternatively, we may contact you to advise you of a delay in restocking a particular Product and a delay in the estimated delivery date of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within 1 business day of notification, you are deemed to have accepted the delay in delivery.

Product recalls and bans

If any Products are subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Products and you consent to us contacting you and you agree to inform any end-user of the Products, including any gift recipient, of any product recall applicable to such Products.

4. Prices and payment
We reserve the right to vary, amend, add or remove payment methods, prices or Products offered via the Services from time to time in our sole discretion as we see fit, without notice.
Prices
The prices of the Products shall be those specified by Tony Bianco to you from time to time on the Website. Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing, which are calculated at check-out.
A summary of the postage and packing charges can be found on our SHIPPING INFORMATION page. Prices on the Website may differ from those in Tony Bianco's stores.
Payment
Full payment of the purchase price is required at the time of placing your Order, this includes the purchase price plus any delivery fees. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
Payment may be made by the methods approved by Tony Bianco.
You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

Any additional charges for customs clearance, import duties or local taxes are your sole responsibility. We do not take any responsibility for these charges and have no control over what they may be. Please note we are unable to reimburse any costs incurred in relation to those matters and do not accept any responsibility for delays as a result, regardless of the circumstances.

5. Returns and refunds
Returns, refunds and faulty Products will be handled in accordance with our RETURNS POLICY.

6. Shipping and delivery
Australian Orders
You acknowledge and agree that Orders placed on the Website may only be delivered within Australia and that any Order placed on the Website with an international delivery address may be cancelled and refunded by Tony Bianco (except any costs incurred by Tony Bianco associated with your Order, such as international bank or processing fees).
Delivery
Delivery of the Products (Delivery) is taken to occur at the time that:

• you, or your nominated courier takes possession of the Products at the address specified by Tony Bianco; or
• Tony Bianco (or Tony Bianco’s nominated courier or postal service) delivers the Products to the delivery address that you have provided, even if you are not present at the address.

You must take delivery by receipt or collection of the Products whenever they are tendered for delivery.
In the event that you are unable to take delivery of the Products as arranged, then Tony Bianco shall be entitled to charge a reasonable fee for redelivery and/or storage of the Products.
Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Products even if they are delivered on a different date or time. Tony Bianco will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Products are not delivered within a reasonable time after the estimated date, please contact us.

7. Passing of Risk and Property
Risk of loss or damage to, and title to, the Products shall pass to you upon Delivery of the Products.

8. Promotions and discounts
Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer.
Tony Bianco reserves the right to:

• terminate, modify or extend any promotional offer at any time, without notice; or
• cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

9. Product Reviews Terms and Conditions
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Tony Bianco permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Tony Bianco to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Tony Bianco to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Tony Bianco personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

Tony Bianco reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

User reviews of products in no way represent the views or opinions of Tony Bianco or its owners, shareholders, employees or others, but are the sole product of its creator. Tony Bianco disclaims all liability with respect to the Content.

10. Loyalty Program
Tony Bianco offers a program to its customers. Please see the Loyalty Program Terms and Conditions for more information.

11. Warranties and liability
You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
To the maximum extent permitted by law, Tony Bianco’s liability under these Terms shall be limited to any one or more of the following:

• the replacement of the Products or re-supply of equivalent Products;
• the repair of such Products;
• the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
• the payment of the cost of having the Products repaired.

To the extent permitted by law, Tony Bianco expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of Products under the Australian Consumer Law which cannot be excluded, restricted or modified.

12. Customer Services
If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website please contact our customer services team:
Tony Bianco
Freecall 1800 790 799
4/29 Cromwell St, Collingwood VIC 3066.
Email enquiries@tonybianco.com.au
Ph 03 8413 3400, Fax 03 9417 4760

Website Terms
1. Intellectual Property
The Website, and all the text, information, user interfaces, photographs, trademarks, logos, artwork and graphic representations or images on it, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (Content), are owned by, or licensed to Tony Bianco. All intellectual property rights in the Content, including in copyright, are the sole and exclusive property of Tony Bianco or its licensors.
You may view, access and use the Website on your computer screen and print its contents on your printer on a limited, revocable, non-sublicensable licence for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. Without Tony Bianco's written consent, you may not use, transfer, copy, publish or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing, accessing or using the Content.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Tony Bianco’ intellectual property rights, whether by estoppel, implication or otherwise. Tony Bianco reserves all rights not expressly granted in these Terms.

2. Using the Website
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.
You agree not to:

• impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
• modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
• make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
• damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
• use the Website in any way to send unsolicited (commercial or otherwise) e-mail ("Spam") or any material for marketing or publicity purposes, or any similar abuse of either;
• publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms", or any other harmful software;
• falsify the true ownership of software or other material or information contained in a file made available via the Website; or
• obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

3. Our use of your Personal Information
We may collect and use your Personal Information in accordance with our Privacy Policy.

4. No unlawful or prohibited use
You undertake to Tony Bianco that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful and that you will not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website or cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.
You agree to indemnify Tony Bianco, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

5. Unauthorised access, virus protection and compatibility
While certain precautions have been taken to detect computer viruses and ensure security, Tony Bianco cannot guarantee that the Website is virus-free and secure.
To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise arising out of or in connection with any website downtime, any breach of security, any malicious or harmful programs, viruses, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
Tony Bianco does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

6. Termination
Tony Bianco may, in its sole discretion:

• modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice;
• restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you for any reason, including where:
• there is a regulatory or statutory change limiting the ability to provide access to the Website;
• there is any event beyond the reasonable control of Tony Bianco preventing Tony Bianco from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
• Tony Bianco considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

Without prejudice to any other remedies, Tony Bianco may:

• cancel all or any part of any order or suspend or terminate the supply of Products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
• terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.

If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Products paid for but not supplied. To the maximum extent permitted by law, Tony Bianco will not be liable to you for any further loss or damage you suffer because Tony Bianco has exercised its rights under this clause or these Terms.

7. Third Parties
Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.
Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.

8. Limitation of Liability
To the maximum extent permitted by law, neither Tony Bianco, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

• any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
• any use of the information on, or access to, the Services including if for any reason our Website is unavailable at any time or for any period;
• any errors in, or omissions from, the information contained on this Website;
• any Products supplied by Tony Bianco; or
• these Terms or any breach of these Terms.

9. Disclaimer of Warranty
In preparing this Website, Tony Bianco has endeavoured to offer current, correct and clearly expressed information. However, Tony Bianco cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information. Tony Bianco provides this Website and its contents on an “as is” basis and use of this information is at your own risk.
Tony Bianco makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Tony Bianco expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.
To the maximum extent permitted by law, Tony Bianco will not be liable for any errors or inaccuracies in any advertising material.

10. Release and Indemnity
You agree to release and indemnify and hold Tony Bianco and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Products purchased from Tony Bianco, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

11. Amendments
Tony Bianco reserves the right to amend or modify these Terms in its absolute discretion from time to time without individual notice to you. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
Tony Bianco reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and Products, at any time without notice to you.
We reserve the right to change or withdraw any Products, information or content featured on the Website or provided through our Services without notice. You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.

12. General
Waiver: Any failure or delay by Tony Bianco in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Tony Bianco from exercising that power or right or any other power or right. To the maximum extent permitted by law, we are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Tony Bianco will not be held liable for any delay or failure in performance of any part of the Services or delivery of Products.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Tony Bianco and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.

13. Copyright and trade mark notices
“Tony Bianco” is a registered trade mark of Bianco Retail Pty Ltd.
All contents of this website are: Copyright 2004-2018 Bianco Retail Pty Ltd.

Tony Bianco TB INSIDER sign up Competition

Conditions of Entry

1. Participation in this promotion is deemed acceptance of these Terms and Conditions
2. The Promoter is Bianco Retail Pty Ltd (ABN 84 071 842 385) located at 4/29 Cromwell Street, Collingwood, VIC 3066 (promoter).
3. This competition is open to all Australian residents. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or companies associated with this Promotion are ineligible to enter.
4. This is an ongoing competition that will be drawn monthly until an end date is defined. (Promotional Period).

How to enter

1. To enter, participants must, during the Promotional Period, sign up to the TB INSIDER loyalty program via the competition pop up on tonybianco.com and us.tonybianco.com. Winners will be selected at random; this is a game of chance.
2. The winner’s draw will take place the 1st Monday of every month after the promotion commences, at 1pm AEDT at Bianco Retail Pty Ltd located at 4/29 Cromwell Street, Collingwood, VIC 3066 (promoter).
3. There will be one (1) winner each draw. The winners will be selected at random; this is a game of chance.
4. The winners will be notified by email used to sign up the TB INSIDER the 1st Monday of every month during the competition period before 5pm AEDT.
5. If the prize is not claimed by 1pm AEST one (1) month after notification, the winner’s entry will be deemed invalid and the prize forfeited.

Prize

1. There will be one (1) winner per month.
2. Winners will receive one (1) $250 AUD Tony Bianco voucher to spend online or at any Tony Bianco boutique. Winners will receive their voucher either via mail or email to an address provided by each winner.
3. No refunds or change will be given once the winner has claimed their prize. The winner cannot cash in the voucher.

Other

1. The Promoter reserves the right to verify the validity of each entry (including an entrant’s identity, age and place of residence) and to disqualify any eligible entrant where the Promoter believes that the entry or the entry process has been tampered with or where any entry has been submitted not in accordance with these Terms and Conditions.
2. The Promoter accepts no responsibility for any lost, late, misdirected claims or correspondence due to incorrect entrant information.
3. The Promoter collects entrants' personal information in order to conduct the promotion. If the information requested is not provided, the entrant may not be able to participate in the promotion. All personal information collected will be dealt with in accordance with Australian privacy laws and the Promoter’s Privacy Policy, which can be viewed at www.tonybianco.com.au. The Promoter will not disclose this information to anyone other than contractors who provide services to the Promoter for the purposes of conducting this promotion unless compelled or permitted by law. The contact details of the winning entry may be passed onto a third party for prize notification and fulfilment.
4. If the prize is unavailable, the Promoters, in their discretion, reserve the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
5. The Promoter reserves the right, at its sole discretion and without notice, to cancel, modify or suspend these terms and/or this promotion in whole or in part, including, but not limited to in the event of fraud, technical or other difficulties or if the integrity of the Promotion is compromised, subject to any written directions from the various lottery departments and without liability to the participant.
6. The prize (including any unused portion of the prize) cannot be assigned, transferred, redeemed for cash, or substituted except by the Promoter who may at their sole discretion, subject to the relevant state authorities, substitute any prize with one of comparable value if the advertised prize is or becomes unavailable for any reason. The Promoter will not replace any lost or stolen prizes, or take responsibility for any broken products in the delivery of the product or after it has been delivered. It is not the responsibility of the Promoter to insure any products.
7. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event that they are a winner (inc. photograph, film, and/or recording of the same) in any media for an unlimited time without notice or remuneration for the purpose of promoting this competition.
8. To the extent permitted by law, the Promoter (including its officers, employees and agents) and its associated agencies and companies will not be liable for any loss (including, without limitation, direct, indirect, special or consequential loss, or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this promotion or accepting or using any prize.

Tony Bianco is a Registered Trade Mark of BIANCO RETAIL Pty Ltd.

TB INSIDER Terms & Conditions

1. Introduction
These TB INSIDER Terms and Conditions (TB INSIDER Terms) are incorporated by reference to our terms and conditions located at www.tonybianco.com/pages/terms-conditions.
These TB INSIDER Terms operate as part of and in addition to the Terms, including our Privacy Policy located at www.tonybianco.com/pages/privacy-policy, and any other Tony Bianco terms and conditions and policies. Unless stated otherwise, any capitalised terms in these TB INSIDER Terms have the same meaning as in the Terms.
TB INSIDER is our customer rewards program (Program) provided for the benefit of our customers. Before opting into the Program, please read the Terms, including the TB INSIDER Terms carefully before you use and/or opt into the Program and refer to our Privacy Policy for more details regarding use of your personal information and opt out procedures.
By opting-in to the Program, you acknowledge, warrant and represent to us that you have read, understood and agreed to our Terms, including these TB INSIDER Terms and our Privacy Policy.
By participating in the Program, you agree to be legally bound by the Terms. If you do not agree to be bound by the TB INSIDER Terms, you are considered ineligible for the Program and must immediately cease participation in the Program.

2. Eligibility
You will only be eligible to participate in the Program if you are an individual who has provided us with valid, accurate information. If you are under the age of 18 years, you have parental/guardian approval to opt into the Program, and further your parent/guardian must read and consent to the Terms, including these TB INSIDER Terms.
Employees of Tony Bianco, and any customer of Tony Bianco who is eligible for "corporate discounts" or "family discounts", are not eligible to participate in the Program and are not eligible to use or redeem any offers, gifts, benefits or rewards associated with the Program.

3. Membership
You are deemed to be member of the Program if you meet the eligibility criteria as set out in clause 2 and sign up for a profile with Tony Bianco either in-store or via the Tony Bianco Website. When signing up with Tony Bianco, we will request and record your full name, email address and postcode (and other details may be optionally provided). You may access and update your details via your profile page. Please see our Privacy Policy for further details relating to our collection, use and disclosure of your personal information.
By signing up to the Program, you warrant and represent to us that all information provided by you is valid, accurate, complete and current.
You may only sign up for one Program profile per person. It is your responsibility to ensure that Tony Bianco has only one profile for you and Program spend is not transferrable to any other profile or any other person.

4. Changes to your details
You should advise Tony Bianco of any change of name, address, contact number or email address by updating your Program profile online or in-store, or by contacting us via our contact form at www.tonybianco.com/pages/contact-us. If you would like to update your details in-store, you must provide photo identification, acceptable to Tony Bianco, to change your membership details.
Tony Bianco is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of Tony Bianco communications and rewards, gifts or benefits or the loss or downgrade of your Program levels and Program spend.

5. Participating Stores
Participating Store means any Tony Bianco stand-alone retail stores in Australia and internationally, excluding Tony Bianco stockists.

6. Level Calculation
As part of the Program, you will qualify for one of our four Program levels by purchasing goods at one of our Participating Stores or online via the Tony Bianco Website in accordance with clause 5.

• Level1 - By spending between $1AUD and $299AUD in a rolling month period, starting from date of first purchase.
• Level 2 - By spending between $300AUD and $699AUD in a rolling 12 month period, starting from date of first purchase.
• Level 3 - By spending between $700AUD and $1199AUD in a rolling 12 month period, starting from date of first purchase.
• Concierge - By spend $1200 or more in a rolling 12 month period, starting from date of first purchase.

Once you qualify for a level, you will hold this level for a 12 month period commencing the day of your first purchase.
Your status will be reviewed by Tony Bianco every 12 months. If your spend is not retained over the 12 month period, your level will be adjusted down accordingly. If your spend continues to increase, your status will be reviewed and accordingly adjusted to your spend.
To the extent that the level has been achieved in connection with a breach of the Terms or otherwise has been incorrectly allocated to you, including as a result of an error on the part of Tony Bianco, we may adjust your level classifications to the extent necessary to address the breach or error.
If there has been an error in the amount of spend recorded on your Program profile, Tony Bianco reserves the right to require evidence of the spend and review such evidence in determining whether to adjust your recorded spend and level classification.

7. Spend inclusions
Purchases at Tony Bianco stores and via the Tony Bianco Website are included towards your spend in the Program, provided that you identify yourself or your profile details to store staff or log into your profile for shopping online, subject to the exclusions set out in this clause 5.
Program spend excludes returns, refunds, delivery charges, the purchase of gift cards, and purchases made at Tony Bianco stockists.
If you return a purchase or cancel an order, the relevant purchase amount will be deducted from your Program spend. You will remain at your reached level as this is locked for 12 months.

8. Program Offers
Any rewards, gifts, benefits or offers communicated as part of the Program, including but not limited to Seasonal Gifts, Birthday Gifts or Random Acts of Kindness (Program Offers) may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these terms and conditions carefully. We may require your photo identification in order to verify your identity before a Program Offer is redeemed.
Only the specific member of the Program that receives our communications is eligible to use and redeem any Program Offers. Any actual or attempted redemption of Program Offers by a party other than the intended recipient is invalid and may result in cancellation of your Program profile.
All Program Offers are subject to availability and Tony Bianco is not liable for any Program Offers not being available for any reason.
Program Offers do not represent legal tender and cannot be sold, transferred or assigned and are not redeemable for cash, credit or gift voucher. If you return a purchase that was paid for with a monetary offer, the value of the offer is forfeited unless it is a style exchange for a different size.
Program Offers can only be redeemed at Participating Stores and the Tony Bianco Website and cannot be redeemed at Tony Bianco stockists.
Unless stated otherwise, Program Offers cannot be redeemed in conjunction with any other offer and may only be redeemed once by the intended recipient. Program Offers (including discounts and store credits) may only be redeemed or used in one transaction and cannot be redeemed on freight charges.
Tony Bianco reserves the right to withdraw, cancel or vary Program Offers at any time, in its sole discretion, without notice.
Unless otherwise required by Australian Consumer Law, if you wish to return a purchase where a Program Offer was redeemed, any Program Offer redeemed or utilised will be forfeited.

9. Sign up offer
When you sign up to the Program, you will be eligible for a sign-up reward valued at $20.00AUD. After activating your Program profile, the sign-up discount will be sent to the email address provided by you at the time of signing up to the Program. The reward will be valid for 30 days from the notification date and only redeemable for purchases over $150.00AUD.

10. Gift
Tony Bianco may offer a gift to members of the Program sporadically throughout the year. You will only be eligible for this gift if you are a member of the program. These gifts will be available for redemption online with any purchase or free of charge in any Tony Bianco store and may vary between tiers.
Tony Bianco may notify eligible Program members that the gift is ready for collection by email. The gift will be available for collection for 30 days from the date that Tony Bianco notifies you. Your gift is not redeemable for cash, non-transferrable and there are no returns or refunds on a gift unless required by Australian Consumer Law.

11. Birthday Gift
Level 3 and Concierge members of the Program will be entitled to a birthday gift if they have provided their date of birth in their profile. If your profile does not include a date of birth, you will not be eligible for a birthday gift.
We may request to verify your birth date using photo identification. If you have incorrectly entered your birth date, we may revoke any Program Offers and terminate your Program profile.
Tony Bianco may notify eligible Program members by email that their birthday gift is available. The birthday gift will be available for collection via either online with any purchase or free of charge if picked up from your allocated Tony Bianco store. The gift will be available for 30 days from the date that Tony Bianco notifies you. Your birthday gift is not redeemable for cash, non-transferrable and there are no returns or refunds unless required by Australian Consumer Law.
Program members who qualify into Level 2 will receive a $30.00AUD reward as their birthday gift. The reward will be valid for 30 days from the notification date and only redeemable for purchases over $150.00AUD.

12. Random Acts of Kindness
Each month Tony Bianco may (but is not obliged to) select a few active Program members to receive a special Random Acts of Kindness offer by email notification. Tony Bianco customers are not required to make a purchase to be eligible to receive the Random Acts of Kindness offer. If you have opted-out of receiving our communications, you will not be eligible to receive any Random Acts of Kindness offers.

13. Suspension and/or termination

You may terminate your profile at any time by contacting us via our contact form at www.tonybianco.com/pages/contact-us.
Tony Bianco may immediately suspend or terminate your profile, your participation in the Program or the Terms or any part of the Terms without further notice, if we determine, or have reason to believe that you have:

• breached the Terms;
• engaged, or may engaged, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to Tony Bianco, the Program or your profile;
• engaged in any conduct that is inappropriate or that undermines or damages the reputation or legitimate interests of Tony Bianco;
• supplied or attempted to supply false or misleading information to our Program;
• actually, or attempted to, sell, assign, distribute, transfer or acquire, any Program Offers other than in accordance with the Terms;
• acted in a hostile, abusive or aggressive manner towards any Tony Bianco staff or any other customers in store or online; or
• become bankrupt.

Where your profile, right to participate in the Program, or the Program is suspended or terminated, any Program Offers and rights you may have at that time under the Program will be suspended or terminated and will no longer be valid (as the case may be).

14. General information
A notice or communication shall be deemed to be given by Tony Bianco to you if it is sent to your postal or email address listed in your profile or by otherwise posting it on our Website or other social media channels.

15. Tax and duties
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of the Program, your participation in the Program, any Program Offers or any other transaction within, or arising out of, the Program.

16. Amendments and termination
Tony Bianco reserves the right to amend, change, withdraw or terminate the Program or any part of the Program (including but not limited to any gifts, promotions, discounts and giveaways, the loyalty levels, expiry dates or the way in which gifts, benefits or offers are earned and redeemed) and the Terms (including these TB INSIDER Terms), at any time, in its sole discretion without notice, and without any liability whatsoever to you or any third party.
If you do not agree with any such variation to the Terms or the Program, you may terminate your participation in the Program by giving Tony Bianco written notice within 14 days of the variation.

17. Limitation of liability
To the maximum extent permitted by law. Tony Bianco will not be liable for any loss (whether direct, indirect, incidental, special, consequential and/or incidental, including financial losses, damages, legal costs, loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, and other expenses of any nature whatsoever), claim, proceedings, penalties, fines, liability (whether criminal or civil, in contract, tort or otherwise) that is suffered or incurred by you, arising out of or in connection with, these TB INSIDER Terms or the Program Offers or the act, omission or negligence of Tony Bianco, including but not limited to:

• any error in recording or calculating your Program spend or level classification; and
• any failure to or delay in delivering a Program Offer for any reason, including due to your provision of incorrect details (including email address and postal address).

For the avoidance of doubt, the clauses set out in the Terms located at www.tonybianco.com/pages/terms-conditions continue to apply in relation to these TB INSIDER Terms, including clause 8 Limitation of Liability.

Terms and Conditions

Lead Generation – April 2024

Participation in this promotion is deemed acceptance of these terms.

Entry is only open to Australia and New Zealand residents only.

Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Incomplete, indecipherable or illegible entries will be deemed invalid.

Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each entry must be submitted separately and in accordance with entry requirements.

If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

Promotion begins Friday 19th April 2024 and closes at the close of business on Sunday 19th May 2024 at 11:59pm AEST.

The winner will be drawn on Thursday 23nd May 2024 at 11am AEST.

The Promoter’s decision is final, and no correspondence will be entered into.

Major Prize

Total value of the prize is $2,000 AUD.

The awarded prize can be redeemed as an online gift card specifically designed for use on Tony Bianco's official website, which can be accessed at www.tonybianco.com.

The Major Prize has been sourced and provided by Bianco Retail Pty Ltd trading as Tony Bianco.

Prize is not non-transferable, non-exchangeable, non-replaceable, non-upgradeable and cannot be redeemed for cash.

The major prize winner will be notified by email. The winner's name may also be published on the Tony Bianco social media channels.

Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.

If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

Conditions of Entry and Other

Total prize pool value is up to $2,000 AUD.

The awarded prize can be redeemed as an online gift card specifically designed for use on Tony Bianco's official website, which can be accessed at www.tonybianco.com.

The prize is not transferable or exchangeable and cannot be taken as cash.

Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.

Please note that entry into this competition is deemed automatic consent to be added to the Tony Bianco database.

In the instance where the original winner doesn’t claim the prize then a redraw will take place, the re-draw winner will be notified in writing and email, and may have their details published on the Tony Bianco social media channels.

The re-draw will take place on Monday 12th June 2024.

The Promoter is Bianco Retail Pty Ltd trading as Tony Bianco - ABN: 81 107 137 182.