Terms & Conditions
This Agreement was last modified on January 25, 2016.
The website www.bumblegoosie.com (“this website”) is owned and operated by Dejanu Pty Ltd [25 075 657 582].
These terms and conditions apply to the use of this website, including the purchase of goods over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these General Terms and Conditions for use of the Bumble Goosie Website “we”, “our” and “us” means Bumble Goosie and “our website” means the URL www.bumblegoosie.com and “you” and “your” means you, the customer.
E-mails and Other Online Communications
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all electronic communications from us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. As such, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions we will take reasonable steps to preserve the security of such information.
We may preserve the content of any email you send us if we believe we have the legal requirement to do so.
Subscribing and Unsubscribing to our E-mail List
By registering on www.bumblegoosie.com users agree to be included in our email mailing list. Our emails include information on special offers, competitions, new product arrivals and other communications. You can unsubscribe and elect not to be included in our mailing list by simply selecting that option at checkout.
Every marketing or other e-mail we send has an unsubscribe option. Simply unsubscribe by following the link at the bottom of our email communications. Users will be removed from our mailing list once the unsubscribe option is selected.
Cookies and Web Beacons
Copyright and Other Intellectual Property Rights
Any other intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to www.bumblegoosie.com are owned or licensed by us. These intellectual property rights are protected by Australian and international laws. You should assume that all of the content made available to you through this website is owned or licensed by us and is protected by copyright or other proprietary rights.
Nothing contained on www.bumblegoosie.com is to be interpreted by you as a recommendation or consent to use any information on this website in a manner which infringes our intellectual property rights or the intellectual property rights of any other person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
You may view www.bumblegoosie.com and its contents for personal and non-commercial use only, and subject to the Copyright Act 1968 (Cth) and similar legislation, you must not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information contained from any part of the website without our prior written permission.
To purchase from us you may establish an account on this website or check out as a guest.
We retain absolute discretion to refuse to allow your account to be established, to terminate your account and to remove or edit content where your account has not been kept in accordance with these terms and conditions.
You are responsible for the confidentiality of your account password. Your password and account details are stored on a secure server for ease of use in processing future orders or for warranty claims.
You agree that you will not let anyone else access your account or do anything that might put the security of your account at risk. You must notify us immediately if you become aware of any breach of security or unauthorised access or use of your account. You are solely responsible for the activity that occurs on your account.
We reserve the right to remove your username or similar identifier in respect of your account if appropriate.
Changes to General Terms and Conditions
We reserve the right to make changes to these General Terms and Conditions at any time. Amendment will be effective immediately upon notification on this website. You should check these Terms and Conditions regularly for such changes. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
This website may contain links to, or frame, websites of third parties (“external sites”). We are not required to maintain or update external sites.
Any external sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.
We make no warranties and accepts no liability in relation to material contained on external sites.
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (including the Australian Consumer Law) or equivalent State or Territory laws, which cannot be excluded or limited.
Except where to do so would otherwise cause any part of these Terms to be illegal, void or unenforceable, we exclude all conditions, guarantees and warranties implied into these Terms & Conditions or in connection with any goods or service provided through this website.
We do not accept responsibility and we disclaim liability for any loss, damage or injury (including negligence), howsoever caused, which you may directly or indirectly suffer (or allegedly suffer) in connection with use of this website. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of or damage to property, and third party claims.
Limitation of Liability
Without limiting the general disclaimer, we:
- make no warranty as to the completeness, adequacy or accuracy of any material, nor do we undertake to keep this website updated. You agree that you will not rely on such information or materials, or their availability and that any reliance you make will be on your independent assessment with the aid of qualified independent advisers. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
- will not be liable for disruptions to this website. Access to this website may be terminated by us without notice. Our disclaimer will nevertheless survive any such termination
- make no warranties that goods acquired from this website will meet your requirement, nor do we make any warranties of merchantability or fitness for a particular purpose; and
- will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site.
- You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer system or systems.
- You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
- Under no circumstances, including but not limited to any act or omission on our part, will we be liable for any indirect, consequential and/or incidental damage or loss of profits whatsoever which result from any use or any access of, or any inability to use or access, this website.
- To the fullest extent permitted by law, our liability for any breach of any implied guarantee, warranty or condition for goods or services we provide you which cannot be excluded, is limited at our option to the following:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasions.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Resolving Your Concerns
If you have any concerns with, or do not understand, our website Terms and Conditions we encourage you to contact us
Our contact details are below and we will respond to your query as soon as possible.
General Terms and Conditions
In these Terms and Conditions for Online Purchases, “we”, “our” and “us” mean Bumble Goosie (ABN 25 075 657 582) and “you” and “your” means you, the customer. These Terms and Conditions, together with the general terms and conditions for use of our website, your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products.
- Formation of Contract
- You offer to purchase products from us through our website. Your offer is made by completing and submitting your order and providing your credit card details. Within 7 days of receipt of your order, we will at our discretion accept or reject your offer to purchase. We are not required to give reasons for rejecting your offer to purchase. Our acceptance of your offer is confirmed by us providing you with an order confirmation and order reference number. Once we provide you with the order reference number a binding contract is formed. If we have not provided you with an order confirmation and reference number within 7 days, your offer will be deemed to be rejected.
- Legal Capacity to Transact
- If you are under eighteen (18) years of age, you cannot order via our website.
- Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
- Processing Your Order
- Upon completing your order and submitting it through the checkout system, an order reference number and tax invoice will be issued to you via a confirmation email, subject to you providing us with your e-mail address;
- We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
- Upon processing your order and receiving payment via your credit card or debit card we send you an order reference and confirmation email, subject to providing us with your email address. Your tax invoice will be emailed to you once goods have been sent;
- We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your membership account; remove or edit content from our website at our sole discretion.
- If we cannot process your order after receiving payment, we will contact you using the details entered on the order form at the time the order was submitted.
- Payment Methods and Processing
- Westpac Banking Corporation, ABN 25 075 657 582 AFSL & Australian Credit licence 233714, Payment Gateway currently accept VISA and MasterCard credit cards and debit cards only.
- Orders placed on weekends or public holidays will be processed on the next business day.
- Business days are Monday to Friday, excluding Australia Public holidays.
- We process payments only after you successfully complete the checkout.
- Your tax invoice is your proof of purchase and is required for any warranty claims.
- All purchases within Australia will be subject to GST under A New Tax System (Goods and Services Tax) Act 1999.
- We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice.
- You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
- We reserve the right to modify prices published on our website at any time.
- The price displayed for products on this website represents the full price in Australian dollars for the product itself and GST, but does not include postage/delivery charges.
- Description and Availability
- We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
- Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
- We attempt to keep stock of most items listed on our website. However, we give no undertaking as to the availability of products displayed or advertised on this website.
- Delivery of Goods
- After ordering online and selecting the option of delivery:
- (a) You will receive an e-mail confirmation, containing your order details (if you have provided your e-mail address to us).
- (b) We will endeavor to send your goods as soon as possible, however, delivery of each ordered product/s can take up to 10 business days or more from the date payment is received.
- (c) Orders within Australia will be sent via Parcelnet using Toll Ipec and within New Zealand using Toll International.
- (d) We will deliver each ordered product/s to the place of delivery designated by you at the fees specified at checkout.
- (f) Please contact our Customer Service Team if you wish to change your delivery address after payment. If your order has been sent you will be unable to change your delivery address.
- (g) Delivery may exceed 10 days if our Customer Service Team are unable to verify your details within 48 hours after placing your order.
- After ordering online and selecting the option of delivery:
- Title and Risk
- Title to and risk in the products will pass to you upon the later of: (a) payment in full has been received by us; and (b) delivery from us.
- Cancelled Orders
- Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order confirmation and order reference number.
- No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
- Faulty, Damaged or Defective Product & Product Return
- If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available.
- Products damaged in transit must be reported to us within 24 hours of receipt of the product.
- If you receive a product that you think is defective, you are to immediately contact our Customer Service Team who may provisionally determine whether the product is defective.
- Where a product is provisionally determined to be defective we will arrange at our election to either: (a) replace the product; (b) repair the product; or (c) refund you for the product.
- Products must be returned whenever we agree to replace the product or provide you with a refund.
- Please ensure that all original items including packaging are returned.
- It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
- Product Return – Subject to the exclusions in clause 10:
- (a) you may exchange the product to the original tax invoice value of your goods purchased online;
- (b) you may exchange the product once only;
- (c) product may only be exchanged if you return all items, including the original packaging and any promotional items included with the product and all of the original components of the product have not been damaged in any way;
- (f) in the event an aden + anais customer service member determines that you have caused damage to the product that you are trying to exchange, exchange can be refused at the discretion of aden + anais customer service staff member.
- Product Return – Please note the following items are not returnable and/ or non-refundable:
- (a) labour expenses;
- (b) delivery expenses;
- (c) any product that has been damaged or abused;
- When a Replacement Product is arranged
Where we elect to replace the product as contemplated by clause 11.4:
- A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
- Subject to availability, the delivery time for the replacement product may be the same as stated for the original product.
- Replacement products are provided with the same warranty as the original product.
- When a Refund is arranged
Where we elect to give you a refund as contemplated by clause 11.4:
- Refunds include delivery and associated costs for the defective product.
- No refund will be processed until we have received the product from you.
- Refunds will only be issued to the same credit card or debit card used for the original purchase.
- Proof of Purchase for a Warranty Claim
Be sure to keep your tax invoice as proof of purchase in case it is needed for a warranty claim. To request another copy please contact our customer service team via email and include your name and order number.
- For assistance with a warranty claim, please contact our customer service team via email.
- Warranty Coverage
- The majority of items sold are covered by a minimum 12 months manufacturers’ warranty.
- Manufacturer’s Warranty is valid within Australia and New Zealand and commences from the purchase date on your invoice.
- Our Liability
- We shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
- To the extent permitted by law and subject to clause 21 our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions for online purchase.
- You agree to indemnify us and keep us fully and effectively indemnified from and against all loss, damage, costs, charges, actions, claims, penalties and demands sustained, recovered or made against us, including but not limited to against any loss of or damage to any property or injury to or death of any persons, caused by or in connection with any act or omission, negligence or wilful misconduct on your part or that of your employees, agents or sub-contractors or by any breach of your contractual obligations arising out of these Terms and Conditions for online purchase.
- We shall not be liable to you for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of products or services, even if we have been advised of their possibility.
- To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us shall be subject to correction without any liability on the part of www.bumblegoosie.com
- Credit Card Fraud
- Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use Westpac Verisign Trusted secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner
- You are not permitted to assign any rights and obligations under these Terms and Conditions for online purchase, whether in whole or in part, without our prior written consent.
- Any unauthorised assignment shall be deemed null and void.
- If any provision of these Terms and Conditions for online purchase is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions for online purchase and the remainder of the provisions in question shall not be affected thereby.
- No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
- We reserve the right to change the Terms and Conditions for online purchase at any time. Amendment will be effective immediately upon notification on our website. Your continued use of our website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
- These Terms and Conditions for online purchase shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the jurisdiction of the courts of New South Wales.
- Force Majeure
- We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of www.bumblegoosie.com and we shall be entitled to a reasonable extension of time for the performance of such obligations.
- We make no express warranties under these Terms and Conditions for online purchase. You acknowledge that prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject if these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity, and, at no time prior to entering into these terms and conditions have your relied on our skill or judgment and that it would be reasonable for you to do so.
- Pursuant to clause 12, you must notify us if a product is defective. The provisions of this clause 21.2 do not constitute a warranty in relation to the quality or fitness of the goods, or require us to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).
- The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. Nothing in these online Terms and Conditions modifies, restricts or exclude the conditions, warranties, guarantees and undertakings, liabilities and other legal rights, protected by the Australian Consumer Law and other laws to the extent that such modification, restriction or exclusion would render these terms and conditions or any provision of these terms and conditions to be void, illegal or unenforceable. Except as expressly set out in these online Terms and Conditions and in the Australian Consumer Law to the extent that they cannot be excluded, restricted or modified:
- (a) we make no warranties or other representations to you under these online Terms and Conditions. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- (b) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained in or accessed through this website;
- (c) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this website or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Our liability for breach of a guarantee conferred by the Australian Consumer Law in respect of goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, other than those conferred by sections 51 to 23 of that law, is limited (a) in the case of goods, to any one of the following as determined by us: (i)the replacement of the goods or the supply of equivalent goods, or (ii) the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; (b) in the case of services, to any one of the following as determined by us: (i) the supply of the services again, or (ii) the payment of the cost of having the services supplied again.
- We make no express warranties in relation to the suitability for any purpose of goods or materials supplied to you.
- For the purposes of this clause, “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.