terms & conditions (international)
INTERNATIONAL TERMS AND CONDITIONS
We sell Goods manufactured by third parties, designed for babies and mums. Our commitment to you, and all mums around the world, is to donate 5% of our profits from your purchase to Hyperemesis Gravidarum Australia, which you can read about here.
These are our terms and conditions when you access this Website or offer to purchase Goods through this Website. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Biglittlethings Studio Pty Ltd ACN 635 700 926 (Biglittlethings, our, we or us).
We may change these Terms at any time by updating this page of this Website, and your continued use of this Website following such an update will represent an agreement by you to be bound by the Terms as amended.
These Terms are structured in two parts – the first part applying when you use the website, and the second part applying when you purchase goods. These Terms also include a Schedule of General Interpretation Provisions which apply to all of these Terms.
PART ONE – TERMS THAT APPLY WHEN YOU USE THIS WEBSITE
1. ACCESS AND USE OF THIS WEBSITE
You must only use this Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access this Website comply with the Terms and any applicable laws.
When you access this Website from any place outside of Australia, you are responsible for compliance with local laws and acknowledge and agree that you must comply with relevant Australian laws.
2. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of this Website without the express consent of Biglittlethings;
(b) use this Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
(c) use, or attempt to use, this Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, this Website in a manner that may interfere with, disrupt or create undue burden on this Website or the servers or networks that host this Website;
(e) use this Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Biglittlethings, including by linking to this Website on any other website; and
(g) attempt to breach the security of this Website, or otherwise interfere with the normal functions of this Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing this Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to this Website;
(iv) instigate or participate in a denial-of-service attack against this Website.
While we make every effort to ensure that the information on this Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) this Website will be free from errors or defects;
(b) this Website will be accessible at all times;
(c) messages sent through this Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through this Website will be secure or confidential; or
(e) any information provided through this Website is accurate or true.
We reserve the right to change any information or functionality on this Website by updating this Website at any time without notice, including product descriptions, prices and other Website Content.
4. INTELLECTUAL PROPERTY
(a) Biglittlethings retains ownership of this Website and all materials on this Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of this Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish this Website or any Website Content without prior written consent from Biglittlethings or as permitted by law in Australia.
5. THIRD PARTY TERMS AND CONDITIONS
(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply, including but not limited to the terms and conditions of PayPal and Shippit.
(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services that are used in providing the Solution, including as stated in clause 5(a) and Biglittlethings will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
6. LINKS TO OTHER WEBSITES
(a) This Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for that content.
(b) Inclusion of any linked website on this Website does not imply our approval or endorsement of the linked website.
Biglittlethings does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of this Website. You should take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
8. REPORTING MISUSE
If you become aware of misuse of this Website by any person, any errors in the material on this Website or any difficulty in accessing or using this Website, please contact us immediately using the contact details or form provided on this Website.
PART TWO – WHEN YOU PURCHASE GOODS THROUGH THIS WEBSITE
10. PURCHASE OF GOODS
10.1 GOODS AVAILABLE
Biglittlethings reserves the right to not offer some Goods on this Website for international purchase.
10.2 SEPARATE GOODS AND BUNDLES
We offer Goods for purchase by you:
(b) in pre-packed bundles; and
(c) in custom bundles chosen by you.
10.3 GIFT PURCHASES
You may purchase Goods as a gift and ship or otherwise provide those Goods to a gift recipient (Gift Recipient). If you purchase Goods as a gift, these Terms are binding on you, and on the Gift Recipient to the extent applicable to them (including but not limited to any manufacturer’s instructions provided with the Goods and any liability provisions in these Terms).
10.4 OFFER TO PURCHASE
(a) By submitting an order to purchase a Good using this Website’s functionality (Order) you represent and confirm that you:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your order.
(b) Submitting an Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
10.5 TITLE AND RISK
(Title) Until the price of Goods is paid in full, title in those Goods is retained by Biglittlethings.
(Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you. Risk during transit is at all times an issue between you and the courier, and not Biglittlethings.
(a) If you submit an Order for Goods that are not currently available for immediate packaging and dispatch, we will place your Order on the pre-order waitlist for those Goods.
(b) When your Goods become available, we will notify you at the contact email address provided to us.
(c) Once we notify you that the Goods are available, you must make payment for the Goods in accordance with clause 11.1 within 7 days. Payment will confirm your order and we will proceed to express ship the Goods to you. If you do not make payment, your Order will be cancelled any you will need to re-submit an Order for the Goods (and may be placed back on pre-order if necessary).
11. PAYMENT FOR GOODS
(a) (Currency) All prices displayed are expressed in AUD and will be subject to the relevant current exchange rate at the time of purchase.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Goods on or prior to Biglittlethings dispatching the Goods for delivery.
(c) (GST) Unless otherwise indicated, amounts stated on this Website do include GST. In relation to any GST payable for a taxable supply by Biglittlethings, you must pay the GST subject to Biglittlethings providing a tax invoice.
(d) (Card surcharges) Biglittlethings reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(e) (Online payment partner) We may use third-party payment providers, including PayPal and Stripe (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
11.2 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
12. DELIVERY AND RISK
(a) We offer international shipping on all orders, unless otherwise stated on an item that restrictions on shipping locations apply. We always endeavour to process, pack and ship your order as fast as we can. During high traffic times (including but not limited to Christmas and Mothers’ Day), and subject to various international trade restrictions and natural disasters, shipping may take longer than usual. If you have a question about when your order will be dispatched, please contact firstname.lastname@example.org.
(b) Your Goods will be delivered to the address you provide through a third party nominated by us. Our third party courier will provide tracking information. We accept no responsibility for any act or omission of our third party courier or any services procured through our third party courier including where such act or omission causes delay, damage or destruction to the Goods. Please refer to the third party courier with any enquiries or complaints arising with shipping.
(c) Fees apply for international shipping as displayed at checkout.
(d) Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Biglittlethings.
(e) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
13. EXCHANGES AND RETURNS POLICY
(a) Exchanges will only be given for the same product of a different size.
(b) You may request to exchange the Goods within 21 days of placing your Order.
(c) Exchanges are subject to availability, and Biglittlethings reserves the rights to not provide an exchange where it is not practicable to do so.
(d) Exchanges are not available for any swimwear or beauty products.
(e) All Só Luxury & The Clē Collective products cannot be exchanged.
(f) All Goods sent back to Biglittlethings must be in their original packaging with all original tags, labels, infills, instruction booklets, and all other additional items, as well as unworn and free of stains or other discolouration.
(a) (When you can return Goods) You may return Goods for free if you comply with this clause 13.2 by contacting email@example.com.
(b) (When you cannot return Goods) We do not accept any returns in the case of:
(i) change of mind;
(ii) Goods with health and safety concerns as indicated on this Website;
(iii) Goods purchased as a gift;
(iv) all Só Luxury & The Clē Collective products;
(v) Goods purchased in a bundle pack; or
(vi) any Goods that are not in their original packaging with all original tags, labels, infills, instruction booklets, and all other additional items, as well as unworn and free of stains or other discolouration.
For all non-returnable items, please consider your purchase carefully before placing an order.
(c) (Proof of Purchase) As a condition precedent to us considering any refund or exchange, you must be able to provide valid proof of purchase of the Goods you seek to return or exchange.
(d) (Timeframe) All requests for refunds or exchanges must be made within 7 days from the date of purchase. Any Goods that arrive broken or faulty will be replaced when you notify us within 7 days of receipt of the Goods.
(e) (Faulty products) Returns of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause 13.2(e).
If you believe your Goods are faulty, please contact us using the details provided on this Website with a full description of the fault (including images if possible).
If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.
If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause 13.2 in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause 13.2 is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any your rights which cannot be excluded under applicable law.
13.3 USE OF GOODS
You must, and you must ensure that any Gift Recipient, at all times complies with all instructions, warnings, manuals and other information provided in relation to the Goods, whether by Biglittlethings or the manufacturer of the Goods.
You must take all reasonable precautions when using the Goods and ensure the safety of others including infants that may come into contact with the Goods at all times. It is wholly your responsibility to ensure that the Goods are not misused or used in a way that could cause harm to any person or thing.
(a) (Limitation of liability) To the maximum extent permitted by applicable law, Biglittlethings excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Biglittlethings.
Claims for loss of or damage to Goods in transit must be made against the carrier.
Goods sold by Biglittlethings will have only the benefit of any warranty given, and insurance held, by the manufacturer.
All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth) or any non-excludable laws in the jurisdiction where you are receiving the Goods) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Biglittlethings’ liability for breach of that non-excludable condition, warranty or guarantee will, at Biglittlethings’ option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(b) (Indemnity) You agree to indemnify Biglittlethings and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your gift recipient’s use of any Goods or services provided by Biglittlethings.
(c) (Consequential loss) To the maximum extent permitted under applicable law, under no circumstances will Biglittlethings be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Biglittlethings. This clause is not intended to limit your rights under the Competition and Consumer Act 2010 (Cth) or any non-excludable laws in the jurisdiction where you are receiving the Goods).
Schedule 1 – General Interpretation Provisions
Governing Law and Jurisdiction
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
This agreement may only be amended by Biglittlethings in accordance with a written agreement between the parties.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
Joint and several liability
An obligation or a liability assumed by, or a right conferred on, 2 or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Further acts and documents
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.
No provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the agreement.
In this agreement, the following rules of interpretation apply:
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation;
(j) (legislation) and any statutory interpretation acts of legislation which may apply in the jurisdiction to this agreement.