Terms and Conditions
Welcome to the Everbloom Kids website located at www.everbloomkids.com.au (the “ Site”) which is owned and operated by Jodie Anne McGlinn trading as Everbloom Kids (ABN 97 059 915 728)(“Everbloom Kids”, " us" or " we").
Everbloom Kids and its affiliates provide their services, including this website, to you on the following terms and conditions (the " Terms"). It is important that you read and understand the following Terms. By placing an order for products and/or continuing to use and access the Site, you are deemed to have accepted the Terms, as may be amended from time to time. Everbloom Kids reserves the right to effect changes to these Terms by posting the amended Terms on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms, do not use or access the Site.
Certain legislation in Australia may provide consumer guarantees or impose obligations on Everbloom Kids which cannot be excluded, restricted or modified, or only to a limited extent. These Terms are subject to such legislation, including without limitation the Australian Consumer Law.
Purchase of Products
- All prices are in Australian Dollars and are inclusive of GST, unless otherwise indicated.
- The products offered by Everbloom Kids on the Site are as outlined on the Site at the date of purchase. Everbloom Kids reserves the right to make changes at any time to the range of products offered on the Site or to the price of any of the products.
- By submitting an order you warrant that:
- you are capable of entering into a legally binding contract with Everbloom Kids,
- you are authorised and able to make payment via the method you have chosen,
- the information you have provided is correct, and
- your purchase is not made for the purpose of .
- A contract for purchase is only formed once we have accepted an order by issuing a receipt number.
- This Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Payment can be made with valid credit cards (Amex, Visa, Mastercard, Bankcard) or Paypal.Payment in full (including shipping costs) is due at the time the order is placed.
- Deliveries will be made only within to the shipping address provided by you. Any dates quoted by Everbloom Kids for the delivery of the products are approximate only and shall not form part of the contract between Everbloom Kids and you. Everbloom Kids shall not be liable for any delay in delivery of the products, howsoever caused.
- Property and risk in the products passes to you upon delivery or collection of the products. Except where required or implied by legislation and which cannot be excluded or modified,Everbloom Kids' liability for damage to products in transit is limited to replacement of the damaged products. In order for Everbloom Kids to send a replacement product(s), you must notify Everbloom Kids of the damaged parcel immediately, but not later than seven (7) days after delivery of the products.
- If the product is faulty, wrongly described, or different from the sample shown then we will meet our legal obligation which may include refunding the purchase price and delivery charges, or providing you with a replacement product. You must notify Everbloom Kids immediately, but no later than seven(7) days after delivery of the products or becoming aware of a fault with the product.
- If you have simply changed your mind, we may choose to offer you a refund or exchange at our sole discretion, however, you must notify us within seven (7) days after delivery of the products and the products must be returned in their original packaging and condition.
- If you order an item that has become out of stock or is not available for any other reason, we will contact you as soon as possible. In the circumstances of an item being out of stock, you may choose a refund or exchange for another product.
- In order to purchase products or access some of the functionality of and information contained on this Site you may need to set up an account on the Site ("User Account").
- To create a User Account, you must provide us with your full name, delivery address, email address and a password.
- Maintaining the security of your User Account is important to us. You agree that you will maintain the confidentiality of your User Account (including password), and you will not allow or authorise any other person to use your User Account.
- You must not access or attempt to access the User Account of any other user of the Site.
- We reserve the right to terminate your User Account at any time if we believe in our sole discretion that you have breached any of these Terms.
- You acknowledge and agree that any content that you transmit or upload to the blog or other interactive services on the Site (" User Content") will be publicly available. Publicly available content may be viewed by other users of the Site, and may also show up on public search engines such as Google and Yahoo.
- The Site includes blog posts which may contain the personal opinions and expressions of persons who use the Site to post entries on a range of topics. Such opinions, expressions and other content published by users of the Site may not be screened, moderated or reviewed by us and, in no circumstances, are approved or endorsed by us.
- By posting to or viewing blog posts on the Site, you agree that we are not responsible or liable for the content of any postings.
- You agree your User Content, and your conduct on the Site will not:
- include obscene or offensive language or images (such as pornography or nudity);
- defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- promote violence;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
- include any offensive comments that are connected to race, religion, national origin, gender, sexual preference or physical handicap;
- reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to or impersonate any other party;
- trick, defraud, deceive or mislead other users;
- raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in Everbloom Kids’s opinion, Everbloom Kids.
- violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Everbloom Kids on the Site;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party's uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
- use or launch any automated system, including without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses the Site or use or launch any unauthorised script;
- disguise or mislead as to the source(s) of your User Content or other information you submit to the Site; and/or
- interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site.
- We reserve the right to remove any content in breach of clause 19 from a forum or blog post at our sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you we have done so. You acknowledge that we do not screen or moderate all content posted to the Site by users.
- You must not alter, damage or delete any content on the Site of which you are not the author, unless you have express permission from the author to do so.
- All content and other materials available on the Site are owned by or licensed to us and are protected by intellectual property rights. You agree to abide by all copyright notices and other restrictions contained in the Site and in materials accessed through the Site. We grant you a non-exclusive, non-transferable licence to access and use the Site for personal, educational and non-commercial use as permitted by these Terms.
- You must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
- Unless we notify you otherwise in writing, you are not authorised to use any of our trade marks, or any third party trade marks contained on the Site.
- Before sharing any content or information on the Site, please ensure that you have the right to do so. You must not use or reproduce any material which is protected by intellectual property rights (including software, photographs and videos), if to do so would infringe the intellectual property rights of the owner or any other person with intellectual property rights in the materials.
- You are responsible for all User Content and information that you post on the Site.By transmitting or uploading User Content to the Site, you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the User Content for any lawful purpose. You further represent and warrant to us that you own or have the right to:
- use and reproduce all User Content that you post on the Site; and
- grant such licence to us.
Right to Link this Site
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Everbloom Kids so long as the link does not portray Everbloom Kids or our products or services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Everbloom Kids. You may not use any Everbloom Kids logo or other proprietary graphic or trademark as part of the link without express written permission.
Third Party Links and Content
- The Site, or communications you receive from the Site, may link to third party Sites or provide third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
Warranties and Liability
- Except for those required or implied by legislation and which cannot be excluded, Everbloom Kids gives no express warranty in relation to your access and use of the Site, or any product purchased through this Site. Your access and use of the Site is at your own risk. All content and any products sold on the Site are provided “as is”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchant ability and fitness for a particular purpose. Everbloom Kids does not warrant or make any representations of any kind with respect to the content or any other feature or function of the Site, including without limitation:
- that your access to the Site will be uninterrupted or error-free;
- that any defects will be corrected; and/or
- that the Site or the server which transmits content to you is free of any viruses or other harmful components.
- While we have made every effort to ensure that information on the Site is free from error, Everbloom Kids does not warrant the accuracy, adequacy or completeness of any content on this web site. All information is subject to change without notice.
- Except to the extent the law provides that liability is not able to be excluded, in no event will Everbloom Kids or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site, or from any product purchased through this Site. In no event will the liability of Everbloom Kids or its licensors for damages with respect to any product purchased through this Site exceed the amounts actually paid by you for the product.
- Everbloom Kids reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.
- You indemnify and agree to keep us indemnified from and against all damages, losses and expenses of any kind (including legal costs) incurred by us in connection with any claim made against us by a person in connection with any products purchased by you from this Site, your actions in accessing or using the Site or your User Content.
- Except where required or implied by legislation and which cannot be excluded, Everbloom Kids is not responsible for any injuries or damage that you may suffer as a result of the use of our products or services. Your use of such products and services is voluntary and undertaken solely at your own risk.
- Your privacy is very important to us.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in this Terms.
- Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.
- These Terms are governed by the laws of the State of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.