Terms of sale
TERMS AND CONDITIONS
OVERVIEW
This website is operated by Bellora. Throughout the site, the terms “we”, “us” and “our” refer to Bellora.
By accessing our website, browsing our store and/or purchasing products from us, you agree to be bound by these Terms and Conditions (“Terms”), including any additional terms, policies and notices referred to in these Terms or made available through links on our website.
These Terms apply to all users of the website, including visitors, customers and other users.
Please read these Terms carefully before using our website or placing an order. If you do not agree with these Terms, you should not use our website or purchase products from us.
We may update these Terms from time to time where reasonably necessary, including to reflect changes to our services, business operations or applicable laws. The version of these Terms applicable to your purchase is the version in effect when your order is placed, unless otherwise required by law.
Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable Australian law.
Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to sell our products online.
SECTION 1 – ONLINE STORE TERMS
By using this website, you confirm that you are legally capable of entering into a contract under applicable Australian law, or that you are using the website with the permission and supervision of a parent or legal guardian where required.
You must not use our products or services for any unlawful or unauthorised purpose or in breach of any applicable Australian law or regulation.
You must not introduce or transmit viruses, malware, worms or any other code or technology designed to damage, disrupt or gain unauthorised access to the website or any related system.
You must not interfere with the security or operation of the website or attempt to gain unauthorised access to any account, server, database or system connected to the website.
A breach of these Terms may result in the suspension or termination of your access to the website where reasonably necessary and permitted by law.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse, cancel or limit an order where we have reasonable grounds to believe that the order is fraudulent, unlawful, unauthorised, affected by an obvious error, or cannot reasonably be fulfilled, subject to your rights under applicable law.
You understand that information submitted through the website may be transmitted through third-party networks and service providers as reasonably necessary to operate the website and process your order.
Payment information is processed through our payment providers using their applicable security systems. We do not knowingly retain complete payment card details where these are processed by a third-party payment provider.
You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any substantial part of the website or our services without our prior written permission, except where permitted by law.
The headings used in these Terms are for convenience only and do not affect their interpretation.
If any provision of these Terms is found to be invalid or unenforceable, it will be read down or severed to the extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We take reasonable steps to ensure that information provided on our website is accurate and up to date.
However, information on the website may occasionally contain typographical errors, inaccuracies or omissions, including information relating to product descriptions, pricing, availability or promotions.
We reserve the right to correct, update or change information on the website where reasonably necessary.
Information provided on the website is for general informational purposes only and should not be relied upon as professional advice unless expressly stated otherwise.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change from time to time.
The price applicable to your order will generally be the price displayed on the website at the time you place your order, except where there is an obvious pricing or product error.
We reserve the right to modify, suspend or discontinue any part of the website or our services where reasonably necessary.
If we identify an obvious error affecting an order that has not yet been fulfilled, we may contact you to correct the error or cancel the affected order and provide any refund required by law.
We will not use this section to remove or restrict any rights you have under the Australian Consumer Law.
SECTION 5 – PRODUCTS OR SERVICES
Certain products may be available exclusively online through our website and may be available in limited quantities.
We make reasonable efforts to display our products, including their colours, images, descriptions and specifications, as accurately as possible. However, the appearance of colours may vary depending on your device or screen.
We reserve the right to limit quantities where reasonably necessary, including where stock is limited or there is unusually high demand.
Product descriptions, specifications and availability may be changed from time to time.
Returns for Change of Mind
Unless otherwise stated in our Returns Policy, we are not required to provide a refund, replacement or exchange solely because you have changed your mind, selected the wrong product, no longer want the product or have found the product cheaper elsewhere.
Where Bellora offers a voluntary change-of-mind return policy, that policy will apply subject to its stated conditions.
Any voluntary return policy offered by Bellora operates in addition to, and does not limit, your rights under the Australian Consumer Law.
Australian Consumer Law
Our goods 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.
These consumer guarantees apply in addition to any voluntary warranty or return policy offered by Bellora and do not limit or replace your rights under the Australian Consumer Law.
A failure may constitute a major failure where the circumstances meet the requirements of the Australian Consumer Law.
Where a failure does not amount to a major failure, Bellora may generally choose to repair or replace the goods, or provide another remedy available under the Australian Consumer Law, within a reasonable time.
Nothing in these Terms, our Returns Policy or any other policy operated by Bellora excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate information when placing an order or creating an account.
You agree to promptly update your account and other information, including your email address, billing information and delivery details, so that we can process your orders and contact you when necessary.
We reserve the right to refuse or cancel an order where we reasonably believe it is fraudulent, unauthorised, unlawful, affected by an obvious error or cannot reasonably be fulfilled.
If we cancel an order after payment has been made, we will provide any refund required by law.
We may limit quantities purchased where reasonably necessary, including where we identify unusual purchasing activity, suspected fraud or unauthorised resale activity.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools, applications or services that we do not operate or control.
Such tools may be provided by third parties and may be subject to their own terms and conditions.
Where reasonably possible, we may provide access to these tools on an “as available” basis.
Your use of third-party tools is subject to the terms applicable to those tools.
We may introduce additional services, features or tools through the website in the future. Any such services or features may also be subject to these Terms.
Nothing in this section excludes or limits any liability or consumer right that cannot legally be excluded or limited under Australian law.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products or services available through our website may include materials or links provided by third parties.
Third-party links may direct you to websites that are not affiliated with or controlled by Bellora.
We are not responsible for the content, policies, availability or practices of third-party websites that we do not control.
Your use of third-party websites is subject to the terms and policies of those third parties.
Nothing in this section limits any rights or remedies you may have against Bellora under applicable Australian law.
SECTION 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, feedback, reviews, suggestions, ideas, photographs or other material (“Submissions”), you confirm that you have the necessary rights and permissions to provide that material to us.
You retain ownership of your Submissions.
By submitting material to us for publication, you grant Bellora a non-exclusive, worldwide, royalty-free licence to reproduce, publish, display and adapt that material for the purposes of operating, marketing and promoting our business and products.
You must not submit material that:
- is unlawful, fraudulent, threatening, abusive or defamatory;
- infringes the intellectual property or other rights of another person;
- contains malicious software or harmful code;
- contains personal information belonging to another person without proper authorisation; or
- otherwise breaches applicable law.
We may remove or decline to publish Submissions where we reasonably consider that they breach these Terms, applicable law or the rights of another person.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy.
Where applicable, Bellora will handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Our Privacy Policy explains how we collect, use, store and disclose personal information and how you can contact us regarding your personal information.
We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure, subject to applicable law.
Nothing in these Terms limits any rights you may have under applicable privacy legislation.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping information or other matters.
We reserve the right to correct such errors and update information where reasonably necessary.
If an obvious error affects an order that has not yet been fulfilled, we may contact you and, where appropriate, cancel the affected order and refund any amount already paid.
We will not rely on this section to avoid or limit any obligation imposed on us by the Australian Consumer Law.
SECTION 12 – PROHIBITED USES
In addition to other restrictions contained in these Terms, you are prohibited from using the website or its content:
(a) for any unlawful or fraudulent purpose;
(b) to encourage or participate in unlawful activity;
(c) to breach any applicable law or regulation;
(d) to infringe our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, threaten, defame, discriminate against or harm another person;
(f) to provide false, misleading or fraudulent information;
(g) to upload or transmit viruses, malware or other harmful code;
(h) to collect or track the personal information of others without proper authorisation;
(i) to engage in spam, phishing, scraping, crawling or other unauthorised automated activity;
(j) to interfere with or attempt to circumvent the security features of the website; or
(k) to interfere with the proper operation of the website or related systems.
We reserve the right to suspend or restrict access to the website where reasonably necessary due to a breach of these prohibited uses, subject to applicable law.
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, we do not guarantee that your use of the website will always be uninterrupted, secure, timely or error-free.
We may temporarily suspend access to the website for maintenance, technical issues, security reasons or circumstances beyond our reasonable control.
We are not responsible for losses caused solely by circumstances that are reasonably beyond our control, including failures of third-party platforms or service providers, network outages or other technical disruptions, except to the extent that we are legally responsible for such loss.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
To the maximum extent permitted by law, Bellora excludes liability that may lawfully be excluded.
Where liability cannot lawfully be excluded, Bellora's liability is limited only to the extent permitted by applicable Australian law.
Nothing in these Terms excludes liability where doing so would be unlawful.
SECTION 14 – INDEMNIFICATION
14.1 Customer Responsibility
To the extent permitted by law, you agree to indemnify Bellora against reasonable losses, costs and claims directly arising from:
- your material breach of these Terms;
- your fraudulent or unlawful use of the website; or
- your infringement of a third party's rights through content or material you provide to us.
This indemnity does not apply to the extent that the relevant loss or damage was caused by Bellora's breach, negligence or unlawful conduct.
14.2 Shopify and Third-Party Services
Our online store operates using Shopify and other third-party providers.
Bellora is not responsible for failures that are solely caused by a third-party provider and are outside Bellora's reasonable control.
However, this does not exclude or limit any responsibility Bellora has under the Australian Consumer Law or any other applicable law.
14.3 Technical Issues
The website may occasionally experience bugs, outages, maintenance interruptions, network failures or other technical issues.
We will take reasonable steps to restore affected services where appropriate.
Nothing in this section excludes or limits liability that cannot legally be excluded or limited.
14.4 Force Majeure
Bellora will not be liable for a delay or failure to perform an obligation where the delay or failure is caused by circumstances beyond our reasonable control, including natural disasters, major network failures, cyber incidents, government actions, failures of essential services or failures of third-party providers.
This provision does not operate to exclude or limit any rights or remedies that cannot legally be excluded or limited.
14.5 Limitation of Liability
Any limitation of liability contained in these Terms applies only to the extent permitted by Australian law.
Nothing in these Terms limits your rights under the Australian Consumer Law, including any applicable right to a repair, replacement, refund or compensation.