Terms & Conditions
TERMS & CONDITIONS
Where you access third party websites or services through the Website (such as PayPal), you will be subject to their privacy policies in respect of any personal information that you provide to them. We are not liable for any loss suffered by you or any other person due to personal information submitted by you to such third parties.
You must not misuse this Website. When using the Website or the Services, you must not:
- commit or encourage a criminal offence;
- post to the Website or transmit or distribute any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or trojan, worm, logic bomb;
- post or transmit any material to the Website or use the Services in a way which is malicious, discriminatory, misleading, hateful, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Services;
- corrupt data;
- cause annoyance to other users;
- alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Website;
- infringe upon the rights of any other person's rights including their intellectual property rights and privacy rights;
- to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website or the Services;
- send any unsolicited advertising or promotional material, commonly referred to as "spam";
- use any robot, spider, other automatic device or manual process to monitor or copy any Content without our prior written consent;
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; or
- take any action that imposes an unreasonable load on the Website's infrastructure.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remain the property of 4daughters.com and our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or our licensors. You may view, store, print and display the content on the Website including all text, graphics, images, information or any materials on the Website ("Content") solely for your own personal use. You are not permitted to publish, manipulate, modify, duplicate, copy, sell, license, distribute or otherwise reproduce or exploit, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website including, but not limited to, making the Content available on any other website nor may you use any such Content in connection with any business or commercial enterprise. Any use of the trade marks, logos or product names appearing on our Website, without permission from us or the relevant rights holder, is prohibited except where specific use is authorised under trade mark law or other laws.
PLACING AN ORDER
To place an online order and contract with us, you must be over 18 years of age, have an email account and a valid credit or debit card issued by a bank acceptable to us or our payment processor, as relevant. We reserve the right to refuse any request made by you. By placing an order, physical or online, you are offering to purchase a product on and subject to our Terms. All orders are subject to availability and confirmation of the order price. When you place an online order, you will receive an order confirmation by e-mail. The order confirmation only acknowledges your order and does not constitute our acceptance of your order. Unless we have notified you that we do not accept your order for any reason; or you have already cancelled your order in accordance with these Terms, our acceptance of your offer to purchase the goods and the formation of a contract between us takes place when we approve your payment and we (or our payment processor) have debited your debit or credit card and the goods are dispatched from our warehouse to be delivered to the address that you provided to us. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping & Returns Policy for Australia and our Shipping & Returns Policy for International Orders for further information. Unless otherwise provided for in these Terms, you may not cancel or amend your order in any way after your order has been placed. Please ensure all details provided are full and correct at the time of order placement.
If an item that you have ordered and paid for online is unavailable for any reason, we will inform you within 48 hours of your order being made. You will be asked to consider an alternative item, or your money for that item will be refunded. We may withdraw any goods from sale or suspend the sale of any goods (either on a permanent or temporary basis) through the Services at any time at our discretion. We reserve the right to refuse to fill any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. We are not liable to you or any other person for any loss that may be suffered for the unavailability of any goods.
Unless otherwise stated, all fees and charges are in Australian dollars. All payments are processed in Australian dollars. Where applicable for customers in Australia, prices are inclusive of goods and services tax (GST).
Delivery charges will be charged in addition and will be clearly displayed during the checkout process (or if this is not possible, at a later stage prior to debiting your credit or debit card) and included in the total price of your order. See our Shipping & Returns Policies for Australia and International Orders (which form part of these Terms) for more information. Unfortunately, we cannot consolidate orders, so if you place a series of separate orders (more than one order) as individual transactions for goods through the Services, they will be delivered separately and will each be subject to a separate delivery charge. The Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
International orders are not subject to GST, but may be subject to local applicable duties, fees, levies and taxes as well as charges for customs clearance as a result of local customs formalities or laws. These are levied by the importing country at the time that the goods are delivered to your destination country. The recipient of international orders, as the importer, is responsible for paying all applicable local duties, fees, levies, taxes and charges for customs clearance.
If you are purchasing goods to be delivered to someone else overseas, you should ensure that they are aware that they are responsible for any such additional charges, if applicable.
For international orders, please be aware that some countries may have restrictions in place in respect of certain materials or products. We are not responsible or liable for any delay or failure to deliver any goods ordered from us as a result of any such legal, customs or regulatory restrictions. If we consider that a delivery may be subject to any legal, customs or regulatory restriction in a destination country, we may refuse to place the order, at our discretion.
Before placing an order with us for international delivery, you are responsible for checking if the goods that you order comply with all relevant local import regulations in the destination country and that there are no local requirements or restrictions which may affect receipt of your order in the destination country.
ONLINE PURCHASE & PAYMENT
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted. Please note that with some Credit Cards this can take up to 3 business days. Payments may only be made by any of the methods indicated on the Website. You will be charged the price quoted for the relevant item on the Website on the day that you place the order. We try to ensure that all details, descriptions and prices of goods which appear on the Website are accurate. However, errors may occur. If we discover an error in the price quoted to you or payment of any goods which you have ordered we will use reasonable endeavours to inform you of this within 24 hours and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund in accordance with these Terms.
For goods purchased from within Australia, please see our Shipping & Returns Policy for Australia for information on how to Exchange any goods purchased from us or claim a Store Credit. For goods purchased outside of Australia, please our Shipping & Returns Policy for International Orders.
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only ONE discount code can be used per transaction. Multiple discount codes can not be applied in the same transaction. The conditions of use relating to any discount code will be specified at the time of issue.
Gift Vouchers purchased will be sent via post unless picked up in-store and ID is presented ( Passport or drivers license & credit card used to make the purchase). It will be sent to the customer who has purchased the Gift Voucher. Gift Vouchers are issued in Australian dollars. They are not redeemable for cash. The Gift Voucher expires twelve months from the date of issue unless otherwise noted. Gift Vouchers are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the card holder will be required to make up the difference with an alternate form of payment. No other discount codes can be used in conjunction with the Gift Voucher. Gift Vouchers should be treated like cash. 4daughters.com disclaims all responsibility for lost or stolen vouchers.
ACCURACY OF INFORMATION
We are providing this Website, the Content and the Services on an “as is” basis. While we try to keep the information on the Website as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from this Website or the results obtained from using this Website. You acknowledge that:
(a) images and colours of goods on the Website are for illustrative purposes only and may vary;
(b) measurements are approximate and actual measurements and sizes of goods may vary from those referred to on the Website; and
(c) accessories which may be included in images of any goods are for illustrative purposes and may not be available through the Services.
DISCLAIMER OF LIABILITY
Your use of this Website and our Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content available on or through this Website. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
- we and our suppliers, advertisers and content providers, give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
- all implied conditions, guarantees, warranties and rights are excluded.
Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies, and cannot be excluded, we limit our liability for breach of, or other act contrary to that implied condition, warranty or right or statutory consumer guarantee:
- subject to the qualifications in section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other law:
- in connection with the supply of goods, to any one or more of the following (as we may determine):
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in connection with the supply of services, to one of the following (as we may determine):
- the supplying of the services again; or
- the payment of the cost of having the services supplied again; and
- otherwise, to the extent permitted by law.
- in connection with the supply of goods, to any one or more of the following (as we may determine):
Subject to the provisions of the above paragraphs of this Disclaimer of Liability section and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website, the Services, or the Content, including but not limited to if caused by any computer virus including a virus passed from this Website to your computer or other device or any third party computer, or loss of online connection to this Website, the Services, the Content, or interruption to access to this Website, the Services or the Content. Any reliance you place on, or any act done based on or in response to, the Content, the Services or this Website will be at your own risk. You indemnify us against any loss or damage of any kind suffered by you in relying on the Content, the Services or this Website.
AVAILABILITY OF THE WEBSITE
While we try to ensure that the Website, including the Content, functionality, performance and features and the Services are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website without notice.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless 4daughters.com, its directors, officers, employees, consultants, agents, subsidiaries and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website, the Services or your breach of these Terms or your infringement of any law or the rights of a third party in the course of using our Services.
4daughters.com has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at email@example.com or PO Box 344 Seaforth NSW 2092
If you breach these Terms, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms. Any waiver of any provision of the Terms will be effective only if it is in writing and executed by 4daughters.com
THIRD PARTY SITES
We may provide links to other websites which are not under our control or maintained by us (Third Party Sites). We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites. Any link to a Third Party Site does not imply that: (i) the Third Party Site is in any way affiliated with us; (ii) the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or (iii) we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site. We take no responsibility for any Third Party Site accessed via the Website. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site. If you decide to link to a Third Party Site, you leave our Website at your own risk.
MODIFICATION OF TERMS
We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified. You are responsible for reviewing these Terms regularly. For future orders, these Terms may be different, so we recommend that you read these terms carefully each time you agree to them during the ordering process. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments.
We will not change any Terms for an existing order that has been accepted by 4daughters.com. The Terms that will apply to the order are the Terms that applied at the time your placed the order.
These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State. If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect. These Terms record the entire agreement between you and us in relation to your use of this Website, the Content and the Services.
Last Updated: Thursday 4 November 2017