These terms and conditions ("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,
you accept the following terms and conditions:
General
The owner of this web site is Bright
Star Kids Pty. Ltd. whose ABN is: 64 945 649 597
Your contract for purchases made through the Web site is with
Bright Star Kids Pty. Ltd.
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.
You agree that e-mail can be used as a long-distance means of
communication.
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.
This confirmatory e-mail will contain all relevant statutory
information concerning your contract.
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.
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.
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.
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.
All purchases are non-exchangeable, non-refundable and non-transferable
unless otherwise stated.
Liability
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.
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.
Bright Star Kids Pty. Ltd. will do its best to correct errors
and omissions as quickly as possible after being notified of them.
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.
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.
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.
Bright Star Kids Pty. Ltd. shall have
no liability for the damage to surfaces in which our products
are adhered to.
Processing of orders
All prices include sales taxes (where applicable) unless otherwise
stated, and no charge is made for regular postage within Australia.
Express postage and international postal charges apply.
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.
Bright Star Kids Pty. Ltd. aims to dispatch all items within
4 working days of receiving your order.
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
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.
Title to any product ordered will pass to you once Bright Star
Kids Pty. Ltd. has received payment in full for that product.
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.
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.
Please note that when shipping products internationally, you
should be aware that cross-border shipment are subject to opening
and inspection by customs authorities.
For Christmas deliveries in Australia, we recommend that you
place your order by the 18th December. We will endeavour to dispatch
all orders within 4 working days, however we cannot guarantee
delivery on or before the 24th December as the post may be delayed
in your area.
Miscellaneous
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.
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.
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.
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.
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.
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.
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: -
(i) You fail to make any payment to us when due;
(ii) You breach the terms of this Agreement (repeatedly or otherwise);
(iii) 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;
(iv) 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.
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.
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.
If any provision of these Terms should be held by any competent
authority to be invalid or unenforceable, in whole or in part,
the validity of the remaining parts of these Terms and the remainder
of the affected provision shall be unaffected.
These Terms are subject to the laws and exclusive jurisdiction
of Australia.
