Terms and Conditions

Welcome to the Bonita’s Satin Bonnet Website. This site is owned and operated by Bonita’s Satin Bonnet, ABN 79 824 800 397, located in South Australia. Throughout this site, the Terms, “we”, “us” and “our” refer to Bonita’s Satin Bonnet, “you” or “your” refer to anyone who uses Our Website. Bonita’s Satin Bonnet offers this website,  including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions are the contract between you and Bonita’s Satin Bonnet.

By visiting or using Our Website to purchase products from us, you agree to be bound by the following terms and conditions. Please read these Terms and Conditions carefully before using Our Website. If you do not agree to these Terms and Conditions, you should not use Our Website.

1.Interpretation

In this agreement unless the context otherwise requires: a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a cooperation, government body, or other association or organisation.

These terms and conditions apply to all supplies of products by us to any customer. They prevail over any other terms proposed by you. In this agreement references to a party includes references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other reorganisation involving that party.

The headings to the paragraphs to this agreement does not affect the interpretation. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation. In any indemnity, a reference to cost or expenses shall be construed as including the estimated cost of management time of the indemnified party. These terms and conditions apply in any event to you as a customer or potential customer of our Products and so as far as the context allows, to you as a visitor to Our Website. This agreement is made only in the English language, if there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

2. Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

Because we rely on our suppliers for materials to make our Products, we do not guarantee that Products advertised on Our Website are available. Our Products may have limited quantities. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.

The price of Products on Our Website may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products.

If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied. We do not sell Our Products in all countries. We may refuse to deliver the Product if you live in a country we do not serve.

3.    Acceptance of your order

Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance by email, referring to the order. At any time before the Products are despatched, we may decline to supply the Products to you without giving any reason. By email we will confirm details of your purchase and tell you when we shall dispatch your order. If we do not have all of the Products you order in stocks, we will offer you alternatives.  If this happens you may: accept the alternatives we offer, cancel all or parts of your order.

4. Price and Payment

The price payable for the Products that you order is clearly set out  on Our Website in Australian dollars. Prices for Our Products are subject to change without notice. It is possible that the price may have  increased from that posted on Our Website. If that happens, we will not dispatch the Products until you have confirmed that you wish to buy at the new price. Prices includes goods and services tax (“GST”). If you show by your delivery address that you reside outside of Australia,  GST will be deducted at the payment point. You must pay us the full price of your order before we will send the Products you order.

Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

If, by mistake, we have under-priced Products, will not be liable to supply those Products to you at the stated price, provided that we notify you before we dispatch it to you.

The price of Our Products does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

 If we owe you money (in an instance where the Products you order is not available), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [15] days from the date when we accept that repayment is due.

5. Payment method

We accept Visa, MasterCard,  American Express, and PayPal . You must   pay the fees and charges online using the following payment options:

  1.  Visa, Visa DebitMasterCard
  2. MasterCard Debit
  3. American Express
  4. Paypal
  5. Bank deposit

6. Security of your credit card

We take care to make Our Website safe for you to use. Credit cards payments are secured by SSL, which encrypts all your data in transit to ensure secure online transactions.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7. Shipping and delivery information

We ship worldwide by our carrier company Australia Post. Please note that the indicated delivery time frames are estimates only. These time frames are averages provided by Australia Post and are subject to change. Bonita’s Satin Bonnet is not liable for any shipping delays by Australia Post.

Please allow 7-9 business days for your order to be processed and dispatched (excludes weekends and public holidays).

Australia Post is currently experiencing significant delivery delays across their network due to the impact of the COVID-19 Pandemic.

Standard Delivery Timeframes (within Australia). Please allow at least 5-10 business days and between 3-7 business days for Express Post Delivery.

International Delivery Timeframes: Please allow at least  15 business days, this excludes any time in customs and delays due to reasons out of our control. We thank you for your patience and understanding during these unprecedented times.

*Please note that we have suspended Standard Delivery on all international orders due to the significant delivery delays due to the COVID-19 Pandemic. All international orders are shipped by International Express Post until further notice.

When your order is dispatched, we will send you email confirmation with your parcel tracking number. Please allow 24 hours to track the progress of your order. When your order arrives, it is important that you check the condition and quantity immediately. If your order has been damaged in transit, you must refuse the delivery and immediately notify us so that we may dispatch  a replacement quickly to minimise your inconvenience.

**For all international orders shipped outside of Australia, you the buyer are responsible for purchasing products which you are lawfully able to import and for the payment of import duties and taxes of any levied in your country.

 

Australia Standard Delivery

$10.00

Australian Express Delivery

AU$15.00

New Zealand Standard Delivery

AU$20.00

International Express Delivery

AU$40.00

8.    Foreign taxes and duties

If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

For all international orders shipped outside of Australia, you the buyer are responsible for purchasing products which you are lawfully able to import and for the payment of import duties and taxes of any levied in your country.

9.    Privacy policy

Our privacy policy complies fully with the Privacy Acts 1988.  

https://bonitassatinbonnet.com.au/privacy-policy/

This privacy policy sets out the commitment of Bonita’s Satin Bonnet, ABN 79 824 800 397 to protect the privacy and personal information we collect from you. We respect and take care to protect your privacy. We will not disclose your name, address, email address and other personal information to third parties without your consent.

10.Your account with us

 You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with our products. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account or password. You should notify us immediately if you believe some person has access your account without your authority and also login to your account and change your password.

11.Third Party Links

Certain content, products and services on available via Our Service may include materials from third-parties. Third-party links on site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. Restrictions on what you may post on Our Website

You agree that you will not use or allow anyone else to use Our Website to post content which is or may;

  • be malicious or declamatory, consist in commercial audio, video or music files;
  • be illegal, obscene, offensive, threatening or violent;
  • Be sexually explicit or pornographic;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  • give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
  • solicit passwords or personal information from anyone;
  • be used to sell any products or services or for any other commercial use;
  • include anything other than words (i.e you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
  • link to any of the materials specified above, in this section; send age-inappropriate communications or content to anyone under the age of 18;
  • hyperlinks other than those specifically authorised by us,
  • the name, logo or trademark of any organisation other than yours, false, inaccurate, or misleading information

13. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a posting which does not comply with these terms. In addition to the restrictions set out above, a posting must not contain:

Hyperlinks, other than those specifically authorised by us; keywords or words repeated which are irrelevant to the content posted, the name, logo or trademark of any organisation other than yours. Inaccurate, false or misleading information.

14. How we handle your Content

Our privacy policy is strong and precise. It complies fully with current privacy law which is at; 

https://bonitassatinbonnet.com.au/privacy-policy/

If you post content to any public area of Our Website, it becomes available in the public domain. We have no control over who sees it or what anyone does with it. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary confidential information. We need the freedom to be able to publicise our services and your own use of them. You therefore irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any content that you place on Our Website, in the public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.  You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any content having been posted by you.

You accept all risks and responsibility for determining whether any content is in the public domain and not confidential. Please notify us of any security breach or unauthorised use of your account. We do not solicit ideas or text for improvement of our services, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in terms set out in the paragraphs above.

15. Removal of offensive Content

 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police internet-related activities. However, we may do so without notice to you and without giving you a reason.

If you are offended by any Content, the following procedure applies:

Your claim or complaint must be submitted to us in the form available on Our website, or contain the same information as that requested in our form. It must be sent to us by post or email. We shall remove the offending Content as soon as we are reasonable able to; after we receive notice of a claim or complaint, we shall investigate so far as we alone decide. We may re-instated the Content about which you have complained or not. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuring correspondence and communication, without limit. You now agree that if any complaint is made by you frivolously vexatiously you will repay us the cost of our investigation including legal fees, if any.

16. Security of Our Website

  • If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
  • 16.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  • 16.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who access Our Website by typing the URL into a standard browser;
  • 16.3. download any part of Our Website, without our express written consent,
  • 16.4. collect or use any product listings, descriptions or prices;
  • 16.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
  • 16.6.  aggregate, copy or duplicate in any manner any of the Content or information available from Our website, other than as permitted by this agreement or as reasonably necessary for your use of Our Website;
  • 16.7. share with third party any login credentials to Our Website.
  • 16.8. Despite the above terms, we now grant  a licence to you to:
  • 16.8.1  create hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any of our product or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • 16.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.

 17. Indemnity

You agree to Indemnity us against all costs, claims and expense arising directly or indirectly from:

  • your failure to comply with the law of any country;
  • your breach of this agreement;
  • any act, neglect or default by any agent, employee, licensee or customer of yours.
  • a contractual claim arising from your use of the Goods;
  • a breach of the intellectual property rights of any person.

18. Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy Content only for your personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content

19. Miscellaneous matters

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in a respect of those Goods or that service.

 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interrupted as severable and shall not in any way affect any other of these terms. The rights and obligations of the parties sets out in this agreement shall pass to any permitted successor in the title.

 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by email.

 It shall be deemed to be delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting. If sent by email to the address from which the receiving party has last sent email: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message].

In the event of dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.  In the event of any conflict between any term if this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. The validity, construction and performance of this agreement shall be governed by the laws of the State of  South Australia and you agree that any dispute arising from it shall be litigated only in that State

 

20. Liability for subsequent defects

We will repair or replace goods which shows a defect in compliance with the provisions of the Competition and Consumer Act 2010. If you claim that the item is defective, the following conditions apply:

The defect must be reported to us and the goods must be dispatch back no later than 15 days of delivery. The defect results only from faulty design or manufacture. You have returned the defective goods to us if we have so requested.

If we agree that we are liable, we will refund the return shipping costs and repair or replace the goods free of charge. If we repair or replace the goods, you have no additional claims against us either under this agreement or by statute or common law, in respect of the defect.

21. Return and exchanges

These provisions apply in the event that you return any goods to us for any reason:

We do not accept returns unless there was a defect in the goods at the time of purchase,or we have agreed in correspondence that you may return them.

The goods must be returned to us as soon as any defect is discovered but no later than 15 days. The goods should be returned with both goods and all packaging as far as possible in their original condition securely wrapped. If the goods is not returned in its original condition, the buyer is responsible for any loss in value.

You must tell us by email message to [bonitas.satinbonnet@gmail.com] that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or reason for return. We will then issue  a return note. If you send goods to us without a return note, we may not be able to identify sufficient details to enable us to attend to your complaint.

Please note that custom and personalised orders and items on sale cannot be returned or exchange.