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Terms & Conditions

1. INTRODUCTION

1.1 Introduction: These Terms and Conditions apply to the owner of this website (Site), Courtney Brands Pty Ltd (ABN 97 005 755 224) whose registered office is 1-3 Edison Rd Dandenong South, Victoria 3175 Australia. The term ‘us’ or ‘our’ or ‘we’ refers to Courtney Brands Pty Ltd and all of its related brands, including Hippo Blue, Pet Blue, Popic, Bento Masters and Edison Lane. The term ‘you’ or ‘your’ or ‘user’ or ‘customer’ refers to the website user.

By providing your personal details you agree for your data to be shared between Courtney Brands Pty Ltd and all of its related brands.

WE WILL ONLY SUPPLY GOODS AND SERVICES TO ANY CUSTOMER ON THE FOLLOWING TERMS AND CONDITIONS (‘THE TERMS AND CONDITIONS’) UNLESS WE AGREE IN WRITING TO VARY THE TERMS AND CONDITIONS. BY USING OUR SITE OR PURCHASING ANY GOODS FROM US, YOU ARE ACCEPTING AND AGREEING TO OUR TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY IN CONJUNCTION WITH THE WEBSITE TERMS OF USE AND PRIVACY POLICY (THE TERMS).

PRIOR TO PLACING AN ORDER, WE RECOMMEND YOU CAREFULLY READ THE TERMS THAT ARE IN EFFECT AT THE TIME TO ENSURE YOU UNDERSTAND AND AGREE TO THEM. WE MAY, AT ANY TIME AND AT OUR DISCRETION, VARY THESE TERMS BY PUBLISHING THE VARIED TERMS ON OUR SITE. WE RECOMMEND YOU CHECK OUR SITE REGULARLY TO ENSURE YOU ARE AWARE OF OUR CURRENT TERMS. THE PUBLISHED ONLINE VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. MATERIALS AND INFORMATION (CONTENT) ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT UNDERTAKE TO KEEP OUR SITE UP-TO-DATE AND WE ARE NOT LIABLE IF ANY CONTENT IS INACCURATE OR OUT-OF-DATE. 
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. OUR PRODUCTS AND SERVICES ARE DESIGNED TO BE OFFERED ONLY AT SELECT MARKETS AND GEOGRAPHICAL TERRITORIES. IF YOU USE OR PURCHASE ANY PRODUCTS OR SERVICES FROM US NOT SPECIFICALLY DESIGNED FOR YOU OR THE PLACE WHERE YOU ARE LOCATED, WE MAY REFUSE SERVICE OR YOU MAY NOT BE COVERED BY SOME OR ALL OF OUR POLICIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

1.2 Definitions and Interpretation in these Terms and Conditions: ‘Business Day’ means a weekday Monday to Friday between the hours of 9am and 5pm Australian Eastern Standard Time (AEST), excluding Australian public holidays; ‘Goods’ means the final goods produced by us by completing the Order; ‘GST’ means Goods and Services Tax, as defined in A New Tax System (Goods and Services Tax) Act, 1999 Australia; ‘Order’ means a successful online transaction made on our Site for the purchase of goods.


1.3 Business Day: If the day on which any act, matter or thing is to be done under these Terms and Conditions is not a Business Day, that act, matter or thing: (a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and (b) in all other cases, may be done on the next Business Day.


1.4 General in these Terms and Conditions: Unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) a reference to a clause is a reference to a clause of these Terms and Conditions; (c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns; d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; (e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.


1.5 Headings in these Terms and Conditions: Headings are for convenient reference only and do not affect interpretation.

2. USER CONTENT

2.1 Uploading content: If you have chosen a personalised photo product, to place your order with us you may need to access and upload your photos. You can access these photos from your device’s photo gallery. If you would like to access any photos on social sites such as Facebook or Instagram we recommend you login to your nominated social account, access these photos and save them out on the device’s photo gallery you are ordering from. All Images must meet our Image specifications, which may be changed by us from time to time. By adding the product to your cart you are acknowledging that you have approved the artwork seen in the preview.

By uploading your image to our Site you agree to the following:

  1. we strive to retain Images that are of sufficient quality for inclusion in personalised products, but some loss and modification of detail may be apparent under close examination;
  2. when you upload an image to your product, it will be kept during the session of creating your personalised product. If your session times out the image will be automatically deleted;
  3. our policies concerning the storage of images and user content may change from time to time;
  4. if an image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that image in conjunction with some or all of our products;
  5. you should make sure that your images are securely stored elsewhere, as we do not undertake or guarantee to keep your images and other user content indefinitely, and we will not be responsible for the loss of, deletion or corruption of images or any user content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).

2.2 User Content and Content Rules: Images, words, names and other material (including textual annotations to and comments on Images) uploaded and printed on product, by a User on, through or in connection with us are treated as "User Content" for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:

  1. infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to our Site or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a printed Product);
  2. misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy;
  3. infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to our Site and to authorise the subsequent use of it (such as by including a depiction of that person in a Product we produce and send to you);
  4. infringe any other rights, such as a trade mark or intellectual property, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
  5. contravene any applicable law (including, without limitation, any criminal law) or regulation;
  6. include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
  7. contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  8. misrepresent the User's identity in any way or impersonate any person;
  9. include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
  10. contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  11. harass, upset, embarrass, alarm or annoy any person;
  12. give the impression that it emanates from us, if this is not the case; or
  13. infringe our fair use requirements or otherwise interfere with the proper working of our Site and/or our Services.

IMPORTANT NOTE: Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be accessible through our Site or on our products which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or on our products please contact us.
We may without notice cancel any order or delete any Image or other User Content which we become aware of that appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
We do not endorse or approve, and are not responsible for any User Content.

3. ORDERS

3.1 Placing an Order: All orders are final, unless otherwise noted. You acknowledge and agree that when purchasing goods from us that you accept the following:
  1. orders placed separately or consecutively cannot be consolidated. A separate delivery fee will be applied to each order;
  2. once an order has been placed you will be unable to add further products to the existing order;
  3. all goods purchased are intended for personal non-commercial use only. The customer agrees goods may not be resold;
  4. you will abide by all the terms regarding promotions where goods are limited by per person or per address. Any quantity restrictions will be stated on the promotional material and relative promotion terms and conditions;
  5. the customer must be at least 18 years of age with an active phone number and email address to purchase Goods;
  6. additional charges in addition to the order amount may be charged to you. If additional charges are to be incurred the customer will be notified via their order email address or verbally via their contact number; and
  7. we will not be liable for spelling, punctuation or grammatical errors made by the user, errors in user selected product type, size, quantity or duplicate orders placed by the user.

When an online order has been completed and is successful you will receive an email from us acknowledging that we have received your order which can be used as a tax invoice. The order amount will be taken from the payment option selected.

The email order confirmation does not mean that your order has been accepted. Your order establishes an offer to us to buy a product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched. Your order will not be dispatched until payment is received in accordance with our payment provisions.

3.2 Order rejection: We reserve the right to accept or reject your order for any reason at any time. If an order has been rejected, the customer will be notified via the email address or phone number listed on the order. The customer will receive a refund of any money paid via the payment method used on the original purchase.

3.3 Order Changes: All our products are produced to order and are highly personalised accordingly if you make a mistake with your order, you will not be able to make amendments. When an order is submitted, production files are created immediately, and the order enters into the production process. This process is entirely automatic, and we are unable to disrupt the process. Please kindly note that we ask and require our customers to confirm their choices before they add their product to the cart. Any changes made to an already approved purchase is subject to further approval by us, and you may or may not be able to make any changes on any final orders.

For Australian customers, if you have made a change to the delivery method of your order to “Customer Pick Up” it is your responsibility to contact customer service to verify if your order is ready for collection. Alternatively, if you change from “Customer Pick Up” to “Delivery” a postage and handling fee will incur and must be received before we send your order.

3.4 Order Cancellation: All orders placed on our Site are considered final and cannot be cancelled, except in the case of a confirmed Site error. Our products are highly personalised and once you submit your order, it is immediately integrated into our production workflows and begins production. Therefore, we are unable to accept order cancellations for changes of mind or any errors made by the customer.

3.5 Order Supplies: The user acknowledges that whilst we will use reasonable endeavours to produce the exact number and or types of items in the Order, owing to the user, error in the number of items and or type of items actually produced may be different and where a discrepancy occurs we will send at our cost the exact number and or types of items missing to reflect the actual number and or types of items originally ordered. Should we run out of supplies/stock to fulfil your order you will be notified and a store credit or refund will be issued to you.

4. PRICE & PAYMENT

4.1 Pricing and Payment: When making an order you are agreeing that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit, debit card, or account used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible. Once we receive full payment and have sent your Order Confirmation, we will start to process your Order. 

4.2 Pricing of Goods: The price payable for the products will be shown on our Site in the currency applicable to your region, these prices exclude delivery charges which will be calculated at checkout. The prices shown are inclusive of all applicable country sales taxes. Delivery charges are shown separately when ordering depending on the shipping address and shipping type selected. Pricing for goods is subject to change without notice however these price changes will not affect orders that have already been accepted and placed. 

4.3 Payment Types: Payment for goods can only be made by an authorised person through the acceptable payment types specified on the Site and shall not be deemed to be made until we have received funds in respect of the full amount stated in the order. The acceptable types of payment that may be offered on our Sites are listed below, please see the payment providers own website for further details and their terms and conditions.

  1. Our credit card payment provider is Shopify which will be used for payment types; Visa, Mastercard and AMEX. 
  2. Afterpay
  3. Paypal
  4. Apple Pay 
  5. Google Pay

4.4 Third-party payment providers: Payment of the purchase price may be made through a third-party payment provider. In using the purchase services, you acknowledge that you have familiarised yourself with and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment provider.

4.5 Your financial services provider or payment provider may charge currency conversion, interest and/or administration fees on purchases and any refunds we provide. You are solely responsible for any fees incurred. 

5. PROMOTIONAL CODES AND SALE

When redeeming a promotional code or offer advertised on our Site, please refer to the specific Promotional Terms and Conditions. These below terms and conditions apply to all promotions where you must redeem a promotional code. You acknowledge and agree that when purchasing goods through this Site using a promotional code that you accept the following:

  1. it is your responsibility to ensure that a promotional code is valid and that it is entered and applied correctly at the time of placing an order;
  2. only one promotion code can be used per order and cannot be combined with any other offers;
  3. promotion codes may only be made available for a limited time and all references to times in promotions are based on Australian Eastern Standard Time (AEST) unless stated otherwise;
  4. promotional codes may only be applied to specific products and may be limited by goods or limited per person or per address or quantity restrictions, these details will be stated on the specific Promotional Terms and Conditions;
  5. we reserve the right to modify or cancel promotion codes at any time;
  6. the promotional code is not transferable, may not be resold or redeemed for cash;
  7. you have read the terms of individual promotional offers carefully. Some offers may exclude postage and handling costs and other costs incurred because of redeeming the offer;
  8. promotional offers will not be honoured for any existing orders or orders placed prior to the promotion commencing; and
  9. we will not be able to manually enter a promotional code to an order after it has been placed.

IMPORTANT NOTE: If we have determined a technical issue has occurred internally during the promotion or promotional code application and this fault has resulted in a failure to complete your order in accordance with the promotion, we may at our own discretion still honour the promotion or promotional code. Please contact us if you have any difficulties applying your discount code. 

6. GOODS

6.1 Product Usage: Products should only be used for the purpose for which they are designed for. Our products are intended for personal use and are not meant for resale purposes. By purchasing our products, you agree to use them solely for your own personal use and not for any commercial or resale activities. Any unauthorized resale of our products is strictly prohibited.

6.2 Product Images: Whilst we do everything possible to ensure product images accurately depict the product, please note that product images displayed on the Site are for illustrative purposes only and may differ from the actual product. Due to differences in monitors and other viewing devices, colours of products and designs may appear different to those shown on the Site. We will display some products as a photo, these are for reference only and should also be considered illustrative.

All names used as examples on product images are fictitious and are for illustrative purposes only, they do not depict any actual person (living or deceased).

6.3 Product Availability: All products and designs as published on the Site are subject to change or can be removed at any time without notice. We will make every attempt to update our Site in real time as much as possible but may, from time to time, run out of stock of an item and may not be able to fulfil all or part of your order. If this happens, we will contact you via the email address or phone number assigned to the order, and we will refund you the price paid for the item impacted or offer a replacement recommendation.

6.4 Content: Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site or parts of the Site being temporarily unavailable due to technical issues beyond our control. The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty (unless otherwise specified) in relation to it, to the maximum extent permitted by law.

6.5 Production Times: Although we will make every attempt to clearly convey the estimated production time for your products to be made, these production times are to be used as a guide only and are subject to change due to both foreseeable and unforeseeable circumstances which can occur at any time without notice or as updated on our Site.

7. DELIVERY

7.1 Delivery and Arrival times: When your order is fulfilled, the delivery will commence once the shipping confirmation is emailed to you. The delivery time will vary based on the selected delivery method during the checkout process.
We provide various shipping options, including Standard Envelope (No Tracking), Standard Parcels, and Express Post.

Standard Parcel & Express Post: These options offer tracking capabilities. Once your order is shipped, we will send you an email containing a tracking link, allowing you to monitor your package until it reaches your doorstep.

Standard Envelope:  This option is not trackable, and you will not receive a tracking link, but your order will be conveniently delivered to your letterbox. 
We partner with Australia Post to ensure the reliable delivery of your order. For international orders, Australia Post will initiate the journey and subsequently transfer the order to your local carrier. Should you opt for our trackable shipping option, you will have the ability to easily track the full journey of your order through the provided Australia Post link in your email or by using the same tracking number on the website of your local carrier after customs clearance.  

Please note that while tracking provides an overview and estimated arrival time, shipments may experience delays beyond our control.

Delivery transit times vary, and we assume no responsibility for delays caused by freight carriers, weather or any damages resulting from the failure to receive your order on time. Your order may arrive late due to unforeseen delays in delivery service, excessive demand, the breakdown of equipment, illness, etc. Target arrival dates are calculated by adding the production turnaround time to the delivery time. Both production and delivery times are based on business days only and do not include weekends or holidays. You acknowledge that we will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery services.

FOR ORDERS DELIVERED OUTSIDE OF AUSTRALIA, YOU ARE RESPONSIBLE FOR AND WE WILL NOT REIMBURSE ANY ADDITIONAL CARRIER CHARGES, DISBURSEMENT FEES, BROKERAGE FEES, COLLECTION FEES, REDELIVERY FEES, ANY GOODS AND SERVICES OR VALUE ADDED TAX, SALES TAXES, CUSTOMS DUTIES OR OTHER LIKE CHARGES, TAXES OR DUTIES APPLICABLE TO YOUR ORDER.

Please note that while tracking provides an overview and estimated arrival time, shipments may experience delays beyond our control.

Delivery transit times vary, and we assume no responsibility for delays caused by freight carriers, weather or any damages resulting from the failure to receive your order on time. Your order may arrive late due to unforeseen delays in delivery service, excessive demand, the breakdown of equipment, illness, etc. Target arrival dates are calculated by adding the production turnaround time to the delivery time. Both production and delivery times are based on business days only and do not include weekends or holidays. You acknowledge that we will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery services.

7.2 Delivery of your Order: Once your order has been dispatched, it becomes the responsibility of the carrier to ensure the successful delivery of your goods. 
For detailed information on all our shipping methods, please refer to our shipping information page. You may be referred to the carrier’s website for tracking and information on the delivery of your order.  If your order cannot fit into a mailbox, the carrier will attempt to leave it in a secure location. If they are unable to do so, a collection slip will be left, and your order will be redirected to your local post office or collection point for collection. 

IMPORTANT NOTE: It is the customer's responsibility to collect the order within 10 days of the attempted delivery date from the post office or collection point. Failure to do so may result in the return of the order to us, and an additional shipping fee to redeliver the goods will apply.

If you have opted for the non-trackable shipping service, please note that your package will be conveniently delivered to your letterbox. It is essential to allow for the recommended time frame associated with this service for your order to arrive. As this is a non-trackable service, we do not have the ability to monitor the journey of your parcel, and hence, no delivery time frames are guaranteed. 

7.3 Standard Delivery Types: For more information regarding our average delivery times and all delivery types, please see our shipping information page.

7.4 Your Delivery Responsibility: Upon delivery of your order, you are responsible for ensuring that there are no visible signs of damaged, missing, or incorrect items. In the event of any issues with your delivery, such as visible signs of damage, missing items, or incorrect items, you are required to contact our customer service team within 48 hours of the delivery. For any other problems with your order, please refer to section 8 'Returns Policy’.

7.5 Incorrect Address Information: If you have provided incorrect address information and your order has not been dispatched, our customer service team will make every attempt to rectify the address details for you. If your order has already been dispatched and you have provided incorrect address information, we are unable to make any changes to your delivery address. If you opted for a shipping method with tracking capabilities, it is your responsibility to contact the carrier provider to rectify the delivery address. Please note that changes to your delivery address post-dispatch are solely at the discretion of the carrier provider. If for any reason the carrier provider is unable to resolve the issue, and the parcel is subsequently lost, we cannot be held liable.

7.6 Return to Sender: If an issue has occurred with your delivery the carrier may return the goods to us. If the goods are returned, we will attempt to contact you using your order details to attempt to re-deliver. If the delivery failed due to incorrect and/or incomplete address information provided in your order you will be responsible for the re-delivery fee.

IMPORTANT NOTE: If a delivery has failed the carrier does not guarantee that they will return the goods to us.

7.7 Customer Pick up:
Order collection is made available at our address below;

Courtney Brands
1-3 Edison Road
Dandenong South, Victoria 3175
Australia
9:00am to 5:00pm AEST Monday to Friday
(Except public holidays or other days as notified on our Site)

When choosing 'Customer Pick Up' you must collect your order from our premises within 30 days of being notified by us that the order is ready for collection. You will be notified via email using the email address assigned to your order. If you do not attempt to pick up your order within the timeframe, we will contact you, if pick up still has not occurred the order may be discarded. We will not be held liable for any order discarded due to non-collection within 30 days.

You may be asked for proof of purchase upon customer pick up. Proof of purchase will be the order confirmation email and or/ photo identification. We reserve the right to refuse an order pick up if the appropriate proof of order confirmation and ID documentation is not presented.

8. RETURNS POLICY

8.1 All our personalised products are custom-made, according to the specifications you've previewed and approved with us on our Site. We will not be able to accept returns based on change of mind, customer error, general wear and tear or use outside of what the product is intended for, or that we have offered as a “non-returnable” product.
Nothing in these Terms and Conditions attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under applicable Consumer Laws. Please see item 11. for further region specific Consumer Law terms. 

8.2 Making a returns claim: 

  1. please contact us and have that contact acknowledged prior to returning the products;
  2. you may be asked to provide photographic evidence of the product;
  3. you may be asked to send the product back to us to allow for a reasonable opportunity to fully inspect the product. If you are asked to return the product you will receive instructions of how to post your product for return;
  4. we will cover the postage costs for the return of the product if deemed to be in breach of consumer law guarantees;
  5. if the product is deemed to not be a breach of consumer law guarantees, you will be liable for all shipping and handling costs to return the product;
  6. if a refund is offered by us, you will be refunded the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive a refund on original postage costs;
  7. it is your responsibility to track the delivery of your returned product until received by us, and you will be liable for any loss or damage of any returned product during the return shipment; 
  8. should you wish to return in person rather than posting, we welcome in-person refunds and exchanges at our head office located at 1-3 Edison Rd, Dandenong South, Victoria, Australia. However before coming to our head office, we request that you first contact us via the contact page found on our Site and wait for confirmation from our customer service team so that we can ensure a quick and easy refund or exchange process.

8.3 Processing your return claim: We aim to process returns within 5 business days of receiving them, but high-volume periods, especially around October through to February, could cause delays. If you’re concerned that your return has not been processed in a timely manner, please contact us.

8.4 Refunds: Where we are issuing you a refund, the refund will be issued via the payment method used on the original purchase. In using the purchase services, you acknowledge that you have familiarised yourself with and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation and policies provided by the payment provider.

8.5 Store Credit: Depending on the issue with the product, we may offer and you may choose a store credit in place of a refund or replacement of a product. The below applies to store credit:

  1. your store credit will only be valid for use on the Site the original order was placed on;
  2. we cannot transfer store credit to another person or account;
  3. any orders that exceed the value of the store credit provided will require an additional method of payment for the remaining balance due;
  4. store credit will be the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive free shipping on your store credit;
  5. store credit is valid for 3 months after the date of issue;
  6. by using store credit, you agree to all our terms and conditions available on our Site; and
  7. store credit will be provided via a code that must be placed into the discount code section at checkout for it to be applied. 
9. GENERAL MATTERS

This item 9 applies to all purchases made by any customers, regardless of where they are located, to the maximum extent permitted by law. If any term or condition in this item or item 11 below is contrary to any local laws applicable to us as a vendor, such law and any restriction that it may impose to these terms shall be interpreted in the narrowest scope possible, and any action arising from such law shall be brought in the courts of Victoria, Australia. 


9.1 Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our service, products, our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

9.2 Force Majeure: We will have no liability to the customer in relation to any loss, damage or expense caused by us being unable to complete the Order or to deliver the Goods as a result of fire, storm, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, lockdown, accident, transportation embargo, breakdown, war, restrictions by governments or other competent authority, the inability of our normal suppliers to supply necessary materials, late arrival of stock or other material, any other act or omission of a third person or third party supplier, or any other matter beyond our reasonable control. 

9.3 Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

We may at any time terminate the terms with you if:

  1. you have breached any provision of the terms or intend to breach any provision;
  2. we are required to do so by law;
  3. we are transitioning to no longer provide the purchase services and/or Site access to users; or
  4. we cease to provide the purchase services and/or Site access to users.

9.4 Disputes: To the full extent permitted by applicable law, in the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

9.5 Jurisdiction: Your use of our Site and these Terms are governed by the laws of the state of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the state of Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

9.6 Intellectual Property: All intellectual property rights, including trademarks, copyrights, and patents, related to our products and brands, are owned by us. You are granted a limited, non-transferable, and non-exclusive license to use our products for personal use only. You may not reproduce, modify, distribute, or create derivative works based on our products, names or logos without our prior written consent.

10. SOCIAL MEDIA

The term ‘social media’ refers broadly to any online media which allows for user participation, interaction or publishing. Commonly used social media tools include but are not limited to; Instagram, Facebook, YouTube, Twitter, SnapChat, Pinterest.


Our company representatives will use social media as a form of communication with the general public however we have not reviewed and cannot review all Posts and comments and we are not responsible for liability arising out of any public posts. No representative is authorized to conclude any binding agreement on behalf of Courtney Brands Pty Ltd with another party without express written confirmation by a Director of the company. Any views or opinions presented on social media are solely those of the author and do not necessarily represent those of the company. Representatives of the company are expressly required not to make defamatory statements and not to infringe or authorize any infringement of copyright or any other legal right. Any such communication is contrary to company policy and outside the scope of the engagement or employment of the individual concerned. The company will not accept any liability in respect of such communication.

11. CONSUMER PROTECTION

This item covers the rights that you may have as a consumer of our products or services. Regardless of where you are located, this item is designed to only apply to the regions listed below or any other territories where we may decide, from time to time, to offer our products or services. The terms listed below are narrow in scope by design, and in case they are found unenforceable by any competent court in accordance with applicable law, you agree they will be interpreted in the manner most consistent with the intended language, to the extent permitted by law.


THE REMEDIES DESCRIBED IN EACH ITEM BELOW ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Australian Consumer Law (for Australian customers)

Nothing in these Terms and Conditions attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our products come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms and Conditions. If you wish to lodge a claim under the Australian Consumer Law please contact us. We warrant that the goods will, at the time they are provided, materially conform with any descriptions set out on the Site. If the goods do not meet a warranty, at your request and at our cost, we must resupply the goods so that they meet or satisfy that warranty. 

New Zealand Consumer Law (for New Zealand customers)
 
We warrant that the goods will, at the time they are provided, materially conform with any descriptions set out on the Site. If the goods do not meet a warranty, at your request and at our cost, we must resupply the goods so that they meet or satisfy that warranty. 

Where you are in New Zealand, and to the extent you are purchasing our goods for business or trade, the following applies. To the maximum extent permitted by law, we exclude all implied conditions or warranties (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) is excluded. You agree and represent that if you are acquiring the goods for the purposes of trade, we and you agree that: 

  1. to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the supply of the goods or these Terms; 
  2. to the maximum extent permitted by law, sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the supply of the goods or these Terms; and
  3. it is fair and reasonable that the parties are bound by these Terms, including this clause 11. 

UK Consumer Law (for UK customers)

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If the Products are goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:

  1. a) up to 30 days: if the goods are faulty, then you can get an immediate refund;
  2. b) up to six months: if the goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;
  3. c) up to six years: if the goods do not last a reasonable length of time you may be entitled to some money back.

US Consumer Law (for US customers)

If you believe that the product you have received is defective, you may be entitled to remedies under applicable federal and state consumer protection laws.

Nothing in these Terms and Conditions shall be construed to modify or exclude any rights or remedies that you may have under applicable consumer protection laws in the United States.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN ITEM 8 ABOVE, AS MAY BE UPDATED FROM TIME TO TIME.  THIS LIMITED WARRANTY STARTS ON THE DATE OF YOUR PURCHASE AND LASTS FOR 3 MONTHS (‘WARRANTY PERIOD’).   NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. 

THE WARRANTY PERIOD IS NOT EXTENDED IF WE REPLACE A WARRANTED PRODUCT. WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT ANY CHANGES WILL NOT BE RETROACTIVE. ANY DETERMINATIONS MADE IN ACCORDANCE WITH OUT RETURNS POLICY IS MADE ON A “CASE BY CASE” BASIS. ANY CHANGE OR DETERMINATION ON A RETURN OR REFUND REQUEST DOES NOT, AND MAY NOT BE INTERPRETED AS TO, CREATE A WAIVER OF ANY OF OUR RIGHTS OR THE TERMS AS DEFINED HEREIN. 

ALL PRODUCTS ARE SOLD AND PROVIDED ON AN “AS IS'' AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES OF OUR PRODUCTS OR OUR SITE. UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCTS IS AT YOUR SOLE RISK. WE MAY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE WARRANTY PERIOD.

THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY AND SPECIFICALLY OFFERED BY US AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE TO THE CONTRARY.

US Consumers - Binding Arbitration

You are agreeing to give up any rights to litigate claims in a court or before a jury, and instead agree to submit your claim to an arbitration process. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration. 

The arbitration will be administered by the Australian Disputes Centre (ADC).  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or any term is void, voidable or otherwise invalid. 

The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.  

CONTACT INFORMATION

For any questions and notices, please contact us HERE or at:

Courtney Brands Pty Ltd 
1-3 Edison Road 
Dandenong South 
Vic 3175
Australia

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