Terms & Conditions
- our website; and
- purchasing from us,
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- Linked sites
You must not misuse this Website. You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service; corrupt data; cause annoyance to other users;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
- You must not misuse this Website. You will not:
Breaching this provision would constitute a criminal offense and Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
- Intellectual property, software and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Disclaimer of liability
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
- To the fullest extent permitted by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- This does not affect Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
- Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.
Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Purchasing from Us
- Our contract
When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing and availability
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which we have advertised, we will correct the error straight away.
- Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
- Delivery of goods
Non delivery of goods must be reported to us as soon as possible.
- Estimated delivery times provided commence from date of dispatch and are guidelines only.
- A dispatch confirmation email displaying your track and trace number will be sent once your order is dispatched.
- Our warehouse operates and dispatches orders Monday - Friday AEST (excluding Public Holidays), we endeavour to process every order as soon as possible, though please allow for 2-4 working days for your order to be processed.
- Delivery times quoted are subject to product availability and we will advise you if an order is to be delayed.
- Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail without insurance.
- While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
- Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
- Delivery to countries outside Australia will vary as it is dependent on the destination.
- All customs / import fees / taxes and duties are the responsibility of the customer. Payment of any duties and taxes is the responsibility of the Customer, and these fees may be collected at the time of delivery. For more information please contact your local customs office.
- All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post or carrier of our choosing.
- While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
- Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
- For non-delivery of goods, please notify us by email as soon as possible.
Receipt of goods
- You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 7 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 7 days after receipt of the goods by you.
- This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7
- Refund and Exchange policy
NOTE: We are proud to offer beautiful, high quality products and want to ensure you are happy with your purchases from Bundl Australia. In most cases you may return unwashed, unworn and unused items in their original condition upon presentation of the original invoice within 30 days of purchase for a store credit.
- Returns of online purchases may be made by post.
If you change your mind:
- Please email our customer services team at firstname.lastname@example.org with information about your order, a copy of the original invoice and tell us whether you are seeking a refund or exchange.
- You must return the good to us. The cost of postage back to us is at your expense, except where we’ve sent you a wrong item.
- Upon receipt, we will determine whether the good is still in the original condition and packaging, prior to any refund or exchange being made to you.
- If the goods or packaging are used or damaged, we reserve the right to refuse a refund or exchange.
- Damaged packaging may incur a replacement fee.
- For exchange, once the returned item is received and determined by us to be the original condition, a new order with the exchanged item will be processed and we will notify you via email once your exchange has been processed. The cost of postage to you is at your expense, except when we’ve sent you a wrong item.
- Please ensure you choose carefully. Sale items are generally non-refundable and non-exchangeable.
- If you think you have received a faulty or damaged item or we’ve sent the wrong item, please contact our customer services team at email@example.com and they will assist you.
- Please do not post your items back to us without our consent or exchange approval. Any exchanges or refunds that involve extra postage are at your cost.
- Please note, we are unable to replace or refund items damaged through improper laundering, so please follow the care label of the garment when washing. If you are unsure, please contact our customer services team for advice.
- If you are not happy with your purchase for whatever reason, please contact us to explain why you are not satisfied.
- This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 20
Limitation on claims
- Our goods may come with guarantees that 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, pandemic, industrial action and action or inaction by a government agency.
- We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
Our liability to you in respect of a consumer guarantee is limited in the following ways:
- if the goods or services supplied by us to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, except in the case of a failure by us to comply with a consumer guarantee under any of sections 51, 52 or 53 of the Australian Consumer Law, our liability for failure to comply with a consumer guarantee is limited to in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair).
- Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of service; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
- Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
- The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
- Intellectual property
The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.
- Title and risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Entire agreement
The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
- Governing law
These terms of service are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
By making a purchase on our website you agree to the above terms and conditions.