WEBSITE
TERMS AND CONDITIONS
Terms of Agreement for online trading between CRUMBLE CHARMS (ABN 48660819063) and The user of this website ("You/Your"). Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before
proceeding with entering the Website. You must accept these terms and
conditions to access this Website any further.
- RETAIL CUSTOMERS PLACING AN ORDER AND PAYMENT
1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of
price by CRUMBLE CHARMS to You in accordance with clause 1.5.
1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. CRUMBLE CHARMS accepts Visa and Mastercard. You warrant that You are an authorized user of the credit card used to complete
payment in accordance with this clause 1.2. Payment can also be made using
PayPal. You warrant that You are an authorised user of the PayPal account.
1.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by CRUMBLE CHARMS. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by CRUMBLE CHARMS will be upon Your receipt of the email confirming despatch of the Product in
accordance with clause 3.4 and 3.5. CRUMBLE CHARMS may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by CRUMBLE CHARMS.
1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current
exchange rate. Many banks also charge a small currency conversion fee, contact
your bank or credit provider for details. In some areas of the site, prices
will be shown with an estimate of the price in your home currency. These
converted prices are for information purposes only, to help you get an idea of the
approximate cost of a product, and they may not be the exact amounts that will
appear on your credit card statement. The final charge to your card is made in
Australian Dollars and the ultimate conversion rate is determined by your bank
or credit provider. Therefore we are not able to take responsibility if the
final amount charged to your card differs slightly from the estimated
conversions we provide.
1.5 CRUMBLE CHARMS may vary prices in the event of price changes or mistakes on reasonable prior notice to You. If CRUMBLE CHARMS requests payment for increased prices, You may cancel the order by giving notice to CRUMBLE CHARMS, which must
be received within seven days of the announcement of the increase.
1.6 The secure credit card payment system is powered by eWAY Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device
which ensures that any data which you enter into a secure area of the site is
encrypted during transmission over the Internet. SSL utilises data encryption
to create a secure environment for you to conduct your online transactions. In
order for SSL to be effective, you must be using an SSL compliant browser (e.g.
Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In
Netscape you can determine whether encryption is active by looking at the
little key in the lower left-hand corner of the Netscape window. A solid key
indicates that the document is encrypted, while a broken key indicates that the
document is not encrypted. In Microsoft Internet Explorer, a solid padlock will
appear on the bottom right of the screen when encryption is in use.
1.7 Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
1.8 CRUMBLE CHARMS reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive products. The quantity per limited edition items currently stands at ONE unit per customer. It is a condition of this Agreement that you do not resell the Products to a third party.
1.9 The use of cookies on this Website - this Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified, such as currency conversion rates. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.
1.10 Expiry of cookies - the cookies that are placed on your computer when you visit the
Website are known as session cookies. These session cookies originate from our
web server, and cannot be accessed by any web server other than ours. Session
cookies are temporary cookies which are necessary for the proper functioning of
the Website. They automatically expire approximately 20 minutes after you have
ceased viewing pages on our Website, and therefore cannot be used to recognise
you on subsequent visits to the Website.
1.11 CRUMBLE CHARMS does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by
eWAY Payment Systems for order verification and identification purposes only.
While every endeavour is made to ensure every shopping experience with us is a
good one, in the event a credit card is used without the holder's
authorisation, the card holder must notify their credit card provider in
accordance with their reporting rules and procedures.
1.12 The Website is owned and operated by CRUMBLE CHARMS. This Agreement supersedes all prior agreements and may be revised by CRUMBLE CHARMS from time to time.
1.13 This Agreement must be read in conjunction with the Returns Policy and Privacy
Statement. These documents form a part of this Agreement.
2. YOUR USE OF THE WEBSITE
2.1 You agree that You will use the Website in accordance with these terms and conditions and
that You will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website. You will not
hack into the Website, CRUMBLE CHARMS’s computer systems or the computer
systems of other users of the Website. Hacking means unauthorised access,
malicious damage and/or interference and includes, without limitation, mail
bombing, propagating viruses, worms or other types of malicious programs,
deliberate attempts to overload a computer system, broadcast attacks or any
other method designed to damage or interfere with the operation of a computer
system or website.
3.DELIVERY
3.1 CRUMBLE CHARMS delivers to most destinations around the world.
3.2 Orders placed within Australia or goods shipped to an Australian residence are subject
to the Australian GST. Orders placed outside Australia may be subject to the
relevant taxes and duties applicable to the jurisdiction from which the order
was placed.
3.3 CRUMBLE CHARMS uses StarTrack, Fastway and DHL Express to deliver Products outside of Australia. Delivery of Products within Australia is effected using StarTrack and Fastway.
3.4 CRUMBLE CHARMS’s freight charges are fixed and based on the value of your total order.
3.5 CRUMBLE CHARMS will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.
3.6 Expected delivery times are:
3.6.1 for international deliveries, 7-10 working days; and
3.6.2 within Australia, 2-4 working days.
3.7 The expected delivery times set out in clause 3.6 are estimates only. CRUMBLE CHARMS will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.6.
3.8 Please keep in mind that once your order has been dispatched CRUMBLE CHARMS is not responsible for any losses or damages. It is the customers responsibility to follow the tracking information provided and contact Australia Post to ensure the safe and timely delivery of your purchase. We will assist you in recovering an item to the best of our abilities, however, will not provide a replacement or refund until the item is returned successfully or confirmation that the item is being returned can be provided. We will refund the price to You, less any
shipping costs incurred by CRUMBLE CHARMS, and less relevant taxes and duties
applicable to the jurisdiction from which the order was placed.
We will of course abide by Australian Consumer Law in regard to products with any major
faults.
- SITE LIABILITY AND INDEMNITY
4.1 To the
fullest extent possible, the limitation of liability and indemnity set out in
clause 8 of these terms also applies to use of the Site by replacing the word
“Products” with “Site or the Comment Function”.
- WEBSITE AVAILABILITY
5.1 From time
to time down-time, either scheduled or unscheduled, may occur. CRUMBLE CHARMS
will work within reason to ensure this amount of down-time is limited.
5.2 CRUMBLE
CHARMS will not be held liable for the consequences of any down-time.
5.3 Due to
changing market forces and other extenuating circumstances that affect product
availability and price stability we reserve the right to withdraw any product
we advertise and change prices without notice. During sales periods, we may
reduce items further. No returns, refunds or credits are available on the price
difference.
6.4 Information
contained throughout the web pages and in our database is believed to be
accurate and reliable at the time of publishing. There may be misprints, human
errors, and omissions. We reserve the right to make changes and corrections in
prices, products, and specifications without notice.
6.5 Images
displayed on this website should be regarded as illustrative and informational
purpose only. We endeavour to display products as close to the physical
colour/product as possible, but at times colourways (especially neon) may not
be identical to the actual product.
5.6 On LIMITED
EDITION and / or EXCLUSIVE release products, CRUMBLE CHARMS reserves the right
to limit purchases to one (1) item per customer. Multiple transactions will be
monitored.
- INTELLECTUAL PROPERTY
6.1
Reproduction of part or all of the contents in any form of the Website is
prohibited other than for individual use only and may not be recopied and
shared with a third party. The permission to recopy by an individual does not
allow for incorporation of material or any part of it in any work or
publication, whether in hard copy, electronic, or any other form.
6.2 Unless
otherwise noted, all materials on this Website are protected as the copyright,
trade dress, trademarks and/or other intellectual properties owned by CRUMBLE
CHARMS.
6.3 CRUMBLE CHARMS’s
trade marks on this site represent some of the trademarks currently owned or
controlled in Australia. The display of these marks and of notices associated
with these marks is not intended to be a comprehensive compilation of all
worldwide proprietary ownership rights held by CRUMBLE CHARMS.
6.4 All rights
not expressly granted are reserved.
6.5 This
Website may contain materials produced by third parties or links to other
websites. Such materials and websites are provided by third parties and are not
under CRUMBLE CHARMS’s direct control and CRUMBLE CHARMS accepts no
responsibility or liability in respect of any such third party materials or for
the operation or content of other websites (whether or not linked to this
Website). You acknowledge that CRUMBLE CHARMS is entitled to require
you to remove any link from another website to this Website which you install
without obtaining CRUMBLE CHARMS’s prior written consent.
- WARRANTIES
7.1 You
acknowledge that the Products require certain storage conditions. CRUMBLE
CHARMS will not be liable for any damage caused by any failure by You to
maintain the proper storage.
7.2 Please note
that the Trade Practices Act 1974 and similar State and Territory legislation
in Australia may confer rights and remedies on you which cannot be excluded,
restricted or modified ("Non-excludable Rights"). Notwithstanding any
other term in this Agreement, CRUMBLE CHARMS does not exclude any
Non-excludable Rights but does exclude all other conditions and warranties,
whether implied by custom, law or statute.
- LIMITATION OF LIABILITY
9.1 To the
fullest extent permitted by law, CRUMBLE CHARMS cannot be excluded is
limited, at the option of CRUMBLE CHARMS, to:
- in the case of services, the supply of the services
again or the payment of the cost of having services supplied again; and - in the case of goods, the replacement of the goods
or the supply of equivalent goods, the replacement 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 replaced
9.2 CRUMBLE
CHARMS’s exclusion of liability applies whether the claim is in contract, tort
(including without limitation, negligence) or equity and even if CRUMBLE CHARMS
has been notified of the possibility of such loss or damage.
9.3 You agree
that CRUMBLE CHARMS LTD’s liability, if any, to You at law will be reduced by
the extent, if any, to which You contributed to the loss.
- FORCE MAJEURE
10.1 CRUMBLE
CHARMS will not be liable by reason of the failure in the performance of
obligations under these terms and conditions by reason of strikes, riots, fire,
explosions, acts of God, war, governmental action, or any other cause which is
beyond CRUMBLE CHARMS’s reasonable control.
11.TERMINATION
11.1
CRUMBLE CHARMS reserves the right to terminate this Agreement at any time.
11.2 Subject to
clause 11.3, CRUMBLE CHARMS shall not be liable to You for any cost, expense,
or damages whatsoever for terminating this Agreement.
11.3 If the
Product has not been delivered to You prior to any termination of this
Agreement by CRUMBLE CHARMS, CRUMBLE CHARMS will refund to You any payment You
have made prior to the termination.
- MISCELLANEOUS
12.1 The
application of the United Nations Convention on Contracts for the International
Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
12.2 This
Agreement is not subject to any terms or conditions proposed by You unless
those terms or conditions are expressly accepted by CRUMBLE CHARMS in writing.
12.3 Failure of
either party to enforce any right it has under these Terms will not be
construed as a waiver of those rights, nor limitation upon the party's ability
to subsequently exercise those rights.
12.4 The
Agreement will be made on CRUMBLE CHARMS‘s acceptance of Your offer and will
be, and is, governed by the laws of New South Wales, Australia, and the parties
submit to the non-exclusive jurisdiction of the Courts of New South Wales,
Australia in any dispute or any matter in any way related to, or connected
with, this agreement or any transaction contemplated by this agreement.
12.5 Each party
agrees not to object to the venue or to claim that the courts exercising
jurisdiction in the state of New South Wales, Australia are an inconvenient
forum for any dispute or any matter in any way related to, or connected with,
this Agreement or any transaction contemplated by this Agreement.
12.6 If any
provision of the Agreement is held to be void, invalid or unenforceable, then
the provision is severed to the minimum extent required, and the remaining
provisions of the Agreement will remain in full force and effect.
12.7 CRUMBLE
CHARMS may be notified by email at hello@crumblecharms.com.au or post to CRUMBLE
CHARMS Unit 15, 12 Garling Road, Kings Park, New South Wales Australia
- DEFINITIONS
- "Agreement"means the terms and
conditions that apply to the use of the Website which may be amended from
time to time. - " CRUMBLE CHARMS "means
CRUMBLE CHARMS Pty Ltd (ABN 48660819063). - "Products"means the product that
is specified on the Purchase Order as the product You wish to purchase
pursuant to the Agreement. - "Purchase Order" means the
online purchase order form to be completed by You in relation to Your
purchase of the Product. - "Website"means internet website
with the URL and associated websites. - "You"means the user of the Website
(and "Your" has the corresponding meaning).