Terms And
Conditions
1. Terms of
Website Use
Terms of Use
Shoppingbabes ("we,"
"our," or "us") owns and operates this website. You
acknowledge that you have read, comprehended, and agree to be bound by the
following terms and conditions ("Terms of Use") by using or accessing
this website. Please don't use this website if you don't agree with the Terms
of Use.
Ownership of
Website and Content
Shoppingbabes owns the website and, unless
otherwise indicated, owns or is licensed to use all content and other material
appearing on the website. The material on this website is protected by
copyright under the laws of Australia and may not be used without written
permission by Shoppingbabes. No trademark (whether registered or not) that is
displayed on this website may be used in any way without the prior written
permission of Shoppingbabes or of the relevant trademark owner.
Security
You acknowledge that you assume the risk of
any harm to your computer as a result of using this website since Shoppingbabes
cannot guarantee that any data or programme available is free of malware or
other spyware when downloaded from this website (or any website to which it is
linked).
Third-Party
Content
This website links to websites run by other
parties or contains information from those websites. Shoppingbabes provides
such information and hyperlinks for your convenience only but is not
responsible for and does not endorse the content of any such information or
website.
Revisions
Shoppingbabes may revise these Terms of Use at
any time at its absolute discretion by posting revised terms, and these
revisions will be effective immediately. If any of the terms are found to be
unenforceable, you agree that the remainder of the Terms of Use remains in full
force and effect.
Liability
Shoppingbabes provides this website and its
contents on an "as is" basis and makes no representation as to the
accuracy, completeness, currency, or reliability of the information contained
on this website. Shoppingbabes will not be liable in contract, tort (including
negligence), or otherwise to you for any direct, special, indirect, or
consequential loss or damage (including loss of profits or any loss of data)
resulting from or connected to this website.
Your Privacy
is Important
Every customer who shops with us or engages
with us in other ways can count on us to respect their privacy. Shoppingbabes'
Privacy Policy sets out our commitment to your privacy, including our use of
"cookies."
Governing
Law
Shoppingbabes operates this website from its
offices within Australia. These Terms of Use are governed by the laws of the
State of Victoria, and you consent to the non-exclusive jurisdiction of its
courts. If you access this website from outside Australia, you acknowledge that
you are responsible for adhering to local laws that may be in effect.
2. Terms of
Product Purchase
The
Agreement
In addition to the Terms of Use, these terms
and conditions ("the Purchase Terms") set out the additional terms
and conditions under which you may purchase from Shoppingbabes products
appearing on this website. By completing the customer application process and
purchasing products from this website, an agreement exists between you and
Shoppingbabes once Shoppingbabes accepts an order. Every approved order
constitutes a separate contract.
Customer
Application
Before placing any orders, you must complete
the client application process. You guarantee that all the information and data
you submit is true, complete, and current. You will promptly notify
Shoppingbabes if there is any change to this information or data. You must take
responsibility for the safekeeping of your username and password, as you are
liable if an unauthorized person uses your username and password.
Orders
You place an order with Shoppingbabes by
selecting products and pressing the "purchase now" button on the
checkout page. Shoppingbabes reserves the right to accept or reject an order
for any reason, including, without limitation, unavailability of the product,
an error in the price, image, or the product description, or an error in your
order. Orders are deemed received by Shoppingbabes at the time of successful
transmission of the order, and you will thereafter be unable to cancel the
order. Orders are deemed accepted by Shoppingbabes upon acknowledging such
order or failing to reject such order within 14 days. Only orders from Tasmania
and Australia's mainland are accepted by us.
Product
Availability
Shoppingbabes uses its best endeavors to
ensure products ordered are available for delivery and, in most cases, will
notify you where a product is unavailable before you complete your order.
However, you acknowledge that in some cases, this is not possible, and
Shoppingbabes may need to reject an order you have placed for a product where
Shoppingbabes establishes that it is actually unavailable for delivery. In such
cases, Shoppingbabes will refund in full all amounts you paid in respect of
such an unavailable product. Shoppingbabes cannot provide rainchecks for
products ordered online and, where permitted by law, reserves the right to
limit the sale of products to reasonable or normal household quantities.
Payment
At the time of placing an order on this
website, you must pay for the items you wish to purchase. All popular credit
cards, including Mastercard, American Express, Diners Club, and Visa, as well
as PayPal are accepted. As long as you abide by Afterpay's rules, you can also
use Afterpay to buy products.
Variation of
Products and Price
Shoppingbabes may vary the prices on this
website at any time, and prices are subject to change until you have paid for
the products in full. Product availability and product prices may vary between
Shoppingbabes' retail stores and those found on this website.
Delivery
Delivery terms, including delivery areas,
delivery costs, and estimated delivery times, are contained in Shoppingbabes'
Delivery Policy. The Delivery Policy is expressly incorporated into these
Purchase Terms. Please note that to purchase products, your delivery address
must be within a suburb where Shoppingbabes provides delivery. Orders will not
be processed for delivery to an address in a suburb not in Shoppingbabes'
delivery area. When the products are delivered to your designated delivery
address, you assume risk in them, and title is transferred once the purchase
price has been paid in full.
Returns
Return claims (including for replacement
products, refunds, or credits) are detailed in Shoppingbabes' Returns Policy.
The Returns Policy is expressly incorporated into these Purchase Terms. Please
refer to this policy to determine your entitlement to a return and the process
you need to follow.
3. Customer
Product Review terms and conditions
Terms of Use
These Terms of Use govern your conduct
associated with the Product Review service (the "PR Service") offered
by Shoppingbabes. To the extent of any conflict between Shoppingbabes' Privacy
Policy and these Terms of Use, these Terms of Use shall control with respect to
the PR Service.
By submitting any content to Shoppingbabes,
you represent and warrant that:
You alone are the creator and owner of the
associated intellectual property rights.
You have expressly relinquished any
"moral rights" in such content that you may have had.
All content that you post is accurate.
You are at least 18 years old.
These Terms of Use will not be violated by
using the content you provide, and no person or entity will be harmed.
You further agree and warrant that you shall
not submit any content:
You are aware that is untrue, incorrect, or
deceptive.
That infringes any third party's copyright,
patent, trademark, trade secret, or other proprietary rights or rights of
publicity or privacy.
That is against any law, legislation,
ordinance, or rule (including but not limited to those that deal with consumer
protection, export control, unfair competition, anti-discrimination, or
misleading advertising).
That is, or could reasonably be construed as,
defamatory, libellous, hateful, biassed against certain races or religions,
offensive, or unlawfully threatening to any person, partnership, or business.
for which you received payment or another type
of consideration from a third party.
This includes any details that include links
to other websites, locations, email addresses, or phone numbers.
that includes any potentially harmful computer
programmes or files, such as computer viruses or worms.
You acknowledge that you will defend,
indemnify, and hold Shoppingbabes (and its officers, directors, agents,
subsidiaries, joint ventures, employees, and third-party service providers)
harmless from and against any and all claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, resulting from any
breach of the representations and warranties you have made above or from your
breaking of any laws or other people's rights.
You grant Shoppingbabes (and its officers,
directors, agents, subsidiaries, joint ventures, employees, and third-party
service providers) a perpetual, irrevocable, royalty-free, transferable right
and licence to use, reproduce, modify, adapt, publish, translate, make
derivative works from, sell, distribute, and otherwise exploit any content you
submit in any way across the world in any form, media, or technology.
All content that you submit may be used at
Shoppingbabes' sole discretion. Shoppingbabes reserves the right to change,
condense, or delete any content on Shoppingbabes' website that Shoppingbabes
deems, in its sole discretion, to violate the content guidelines or any other
provision of these Terms of Use. Shoppingbabes does not guarantee that you will
have any recourse through Shoppingbabes to edit or delete any content you have
submitted. The posting of ratings and written comments typically takes two to four
business days. However, Shoppingbabes reserves the right to remove or to refuse
to post any submission for any reason. You acknowledge that you, not
Shoppingbabes, are responsible for the contents of your submission.
None of the content that you submit shall be
subject to any obligation of confidence on the part of Shoppingbabes, its
agents, subsidiaries, affiliates, partners, or third-party service providers
and their respective directors, officers, and employees.
By submitting your email address in connection
with your rating and review, you agree that Shoppingbabes and its third-party
service providers may use your email address to contact you about the status of
your review and other administrative purposes.
By submitting your review, you give permission
for your name to be used so that it can be published alongside your review.
Please review these terms and conditions
carefully, and if you do not agree with any part of them, refrain from using
our website or services. Your use of Shoppingbabes indicates your acceptance of
these terms and conditions.