TERMS AND CONDITIONS
OVERVIEW
This website is operated by Bula Birdie Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to “Bula Birdie”. Bula Birdie Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PRIVACY POLICY
By placing an order with Bula Birdie, you agree to the terms and conditions and our Privacy Policy. Please see our full Privacy Policy.
TAXES, FEES AND DUTIES
All prices shown on products include GST (where applicable) at the rate of 10% and are the total purchase price for the product. Postage/Freight charges are showing including GST.
When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as well as other fees or assessments which may be assessed or levied by any national, State, or local government and any of their departments and subdivisions in relation to the ordered products. These charges are not included in the original shipping charge, and must be paid by you in addition to the amounts stated on our website. You will not be entitled to payment or reimbursement by Bula Birdie for those charges.
If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us, we will provide you with a refund for the returned products minus the return delivery costs. This will take place once the return arrives back at our fulfillment centre.
If you are unsure of the charges and whether you will be affected, please contact your local customs office.
PRODUCT DESCRIPTION
Prices, descriptions or availability of products on our Site are subject to change without notice. We do our absolute best to colour-match our garment photography to how our items look in real life. However, colours do tend to appear differently on different monitors, and we cannot guarantee a 100% match in colour.
YOUR OBLIGATIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.MODIFICATIONS TO PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more detail, please review our Returns Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bula Birdie Pty Ltd and its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your use of our products; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or any applicable law.
TERMINATION
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right to alter and change these terms and conditions occasionally. Changes to the terms and conditions will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the rems and conditions as amended. It is your responsibility to be aware of these terms and conditions as they may be altered.