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Terms of Use of Bright Star Kids Website

Overview of our terms of use...for busy people


The main points that you need to approve before you buy from Bright Star Kids are:

  1. Personalisation Details: You must ensure that any personalisation details are 100% correct BEFORE you place your order. Any mistakes that you make when entering your order, which need to be reprinted will be charged in full to your account.
  2. Correct Delivery Address: You must ensure that your address is 100% correct BEFORE placing your order. If an incorrect address is entered, which results in your order getting delayed or lost in the mailing system, Bright Star Kids cannot be held liable. If a reprint is required you will need to pay in full, including any additional postage fees.
  3. Collection of Mail: Where an item cannot fit into your letterbox, the delivery person will bring it back to the local post office or mail centre and should leave a postal slip to notify you. Items cannot be left on a porch or delivered to a different address. You will need to pick up items from your local post office within 2 weeks of delivery, otherwise your order may be returned to Bright Star Kids. In this event Bright Star Kids can resend the item, however additional postage fees will be charged for this.
  4. Lost Mail: If you haven't received your order within our normal delivery time frame you will need to lodge an enquiry for lost or delayed mail within a month of ordering. Simply fill out our Contact Us form with your order details so we can track it for you. Lost mail complaints where the time frame is outside of 2 months from ordering cannot be accepted.

Detailed Terms of Use


Welcome to Bright Star Kids website (the "Site"). Bright Star Kids Pty Ltd provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement").

These terms of use ("Terms”) help to keep the Web site of Bright Star Kids Pty Ltd (www.brightstarkids.com.au and www.brightstarkids.co.uk) a safe place to trade and set out the full extent of any agreement reached between you and Bright Star Kids Pty Ltd. You should understand that by placing an order or using this website, you accept the following terms of use:

General

  1. The owner of this web site is Bright Star Kids Pty. Ltd. whose ABN is: 64 945 649 597
  2. Your contract for purchases made through the Web site is with Bright Star Kids Pty. Ltd.
  3. You must be at least eighteen years old to purchase from this Web site. If you are under eighteen, you may only purchase from the Web site in conjunction with, and under the supervision of, a parent or guardian.
  4. You agree that e-mail can be used as a long-distance means of communication.
  5. No contract for the sale of any product will subsist between you and Bright Star Kids Pty. Ltd. unless and until Bright Star Kids Pty. Ltd. accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time www.brightstarkids.com.au or www.brightstarkids.co.uk sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Bright Star Kids Pty. Ltd. of your offer to buy goods from www.brightstarkids.com.au or www.brightstarkids.co.uk.
  6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
  7. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
  8. Bright star Kids will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
  9. You undertake that all details you provide to Bright Star Kids Pty. Ltd. for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
  10. If there are any changes to the details supplied by you it is your responsibility to inform Bright Star Kids Pty. Ltd. as soon as possible.
  11. All purchases are non-exchangeable, non-refundable and non-transferable unless otherwise stated.

Reviews and Comments
  1. Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
  2. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content.
  3. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.
  4. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content.
  5. Bright Star Kids may at our sole discretion, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Liability
  1. Bright Star Kids Pty. Ltd. does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
  2. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Web site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product, which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
  3. Bright Star Kids Pty. Ltd. will do its best to correct errors and omissions as quickly as possible after being notified of them.
  4. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Bright Star Kids Pty. Ltd. shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Bright Star Kids Pty. Ltd. of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
  5. The products sold on the Web site are provided for private domestic and consumer use only. Accordingly, Bright Star Kids Pty. Ltd. do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property (such as poorly painted walls) and/or loss from claims of third parties arising out of the use of the Web site or for any products or services purchased from Bright Star Kids Pty. Ltd. We strongly recommend that the owner of the property be consulted before the product is used.
  6. Bright Star Kids Pty. Ltd. cannot be held responsible for any injuries or loss of life resulting from the use of our products. Please note that stickers may be a choking hazard. Please consult safety instructions before use.
  7. Bright Star Kids Pty. Ltd. shall have no liability for the damage to surfaces in which our products are adhered to.

Processing of orders
  1. All prices include sales taxes (where applicable) unless otherwise stated. Free postage is offered for qualifying orders within Australia, see the Delivery FAQ's page for more information. Express postage and international postal charges apply.
  2. Every purchase you make shall be deemed performed in Australia. Australian law shall govern every aspect of contractual agreement concerning purchases made from the Web site.
  3. Bright Star Kids Pty. Ltd. aims to dispatch all items within 2 working days of receiving your order.
  4. Your information is held either in paper-based records or in electronic form in our databases. We take precautions to ensure that the information is secure. Once your transaction has been processed, all credit card details will be destroyed.

Delivery/Title/Risk
  1. The period stated within which you will receive your order are approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.
  2. Title to any product ordered will pass to you once Bright Star Kids Pty. Ltd. has received payment in full for that product.
  3. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  4. If your delivery address is outside of Australia, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Bright Star Kids Pty. Ltd. advises each customer to contact their local customs office for further information.
  5. Please note that when shipping products internationally, you should be aware that cross-border shipment are subject to opening and inspection by customs authorities.
  6. For Christmas deliveries in Australia, we recommend that you place your order by the 18th December. We will endeavour to dispatch all orders within 2 working days, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

Miscellaneous
  1. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
  2. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
  3. You may not permit, create unauthorized framing of, or deep linking to, the Web site or the creation of derivative works thereof from any other Web site under your management or control.
  4. In these Terms, “Intellectual Property Rights” means copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. We shall own all Intellectual Property Rights in the Web site absolutely.
  5. Subject to the license granted to you to use the Web site, Bright Star Kids Pty. Ltd. reserves all rights, title and interest in its Intellectual Property Rights in the Web site. Any goodwill accruing from use of Bright Star Kids Pty. Ltd. and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in Bright Star Kids Pty. Ltd. and its affiliates, as appropriate.
  6. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Bright Star Kids Pty. Ltd. tracks the electronic 'fingerprints' of every order placed on www.brightstarkids.com.au and www.brightstarkids.co.uk to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our Web site.
  7. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Web site immediately and without notice to you if: -
    • You fail to make any payment to us when due;
    • You breach the terms of this Agreement (repeatedly or otherwise);
    • When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
    • We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Web site.
  8. You fail to make any payment to us when due;
  9. You breach the terms of this Agreement (repeatedly or otherwise);
  10. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
  11. We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Web site.
  12. Bright Star Kids Pty. Ltd. may amend these Terms from time to time, and place the new version on the Web site. When Bright Star Kids Pty. Ltd. does so, it will mention the fact on our home page (www.brightstarkids.com.au and www.brightstarkids.co.uk). For users purchasing goods, all purchases from the date that the amended terms are placed on our Web site onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Web site. Your continued use of the Web site following (www.brightstarkids.com.au and www.brightstarkids.co.uk) posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Web site.
  13. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Bright Star Kids Pty. Ltd. (www.brightstarkids.com.au and www.brightstarkids.co.uk) and you relating to your purchase. Bright Star Kids Pty. Ltd. advises that you print off and keep safe a copy of these terms and conditions once Bright Star Kids Pty. Ltd has accepted your order. We will store a copy of the contract entered into by you with Bright Star Kids Pty. Ltd. You are advised to read (and are responsible for reading) fully all information on this Web site.
  14. These Terms are subject to the laws and exclusive jurisdiction of Australia.
If you have any questions or would prefer to order over the phone please contact Bright Star Kids on 1300 668 997 or email us.