These terms set out the agreement for online trading between StyleDiva Management Services Pty Ltd trading as Bohotique (ABN 71 623 919 675) and “You” the user of the Website. Please read the following Terms and Conditions carefully before entering Bohotique.com.au (“the Website”). Entering of the website requires your acceptance of these Terms and Conditions. Placement of an order on the Website indicates that you have accepted the Terms and Conditions.
These terms and conditions shall supersede any subsequent Terms and Conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to the Website and these terms and conditions at any time. If You do not agree to be bound by these Terms and Conditions, You may not use or access the Website.
In order to place an order on the Website You will be required to provide Your personal details which include Your full name, phone number, e-mail address and other requested information as indicated. You will be required to provide payment information that You represent and warrant are both valid and correct and You confirm that Your details are those set out in the Billing information.
The Website is available only users who meet the terms of eligibility, who have been issued a valid debit or credit card by an issuer that we have accepted, or another form of payment that we have accepted. The placing of an order implicitly authorises US to use your personal data to perform credit and anti-fraud checks with third parties.
By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.
All Purchase Orders placed through the Website are subject to confirmation and acceptance by Bohotique. Your receipt of an electronic or other form of order confirmation does not confirm our acceptance of Your order, nor confirmation of our offer to sell. Unless You cancel Your order, acceptance of Your order and completion of the contract between You and Us will be completed when we email You to confirm the goods have been dispatched. Bohotique may reject Your Purchase Order for any reason and refund any payment made by You, at any time prior to dispatch of you order. We may require additional verifications or information before accepting any order. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
The Website only offers goods to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products. For all other orders, please contact Us directly.
All orders are subject to acceptance and availability, and items in Your shopping basket are not reserved and may be purchased by other customers.
Bohotique may vary prices in the event of price changes or mistakes on the Website without prior notice. If Bohotique requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase. Prices on the Website are in Australian Dollars (“AUD”) and are inclusive of Goods & Service Tax (“GST”), unless You are ordering from a country where GST is not chargeable.
Your Purchase Order will be charged in AUD regardless of the Estimated Price where You have chosen to display an alternate currency. If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Card issuers will often charge a foreign exchange currency conversion fee which will be added to the final charge that appears on your statement, as such we cannot advise You upfront of the final charge that will appear on your statement.
There may be duties and taxes added to Your package by the destination country. You will be responsible for these upon delivery and are not included in Your order total. We do not have any control over these charges and unable to advise what they will be, as it is based on Your own countries regulations and compliance’s. For further information, please contact Your local customs office.
We offer products for sale that are in stock and available for dispatch from our distribution centre. We employ best efforts to display products on our site with the current stock on hand available to purchase. Occasionally, if items are very popular they will sell out very quickly. In this case, You will be contacted within 48 business hours if we are unable to fill Your order and a full refund will be processed.
In the event a product is listed at an incorrect price or with incorrect information due to technical/typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, we shall immediately issue a credit to Your credit card account in the amount of the charge.
The delivery times provided by Us are estimates only. We aim to deliver within the time indicated by Us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Please note that it might not be possible for Us to deliver to some locations. If this is the case, we will inform You using the contact details that You provide to Us when You make Your Order and arrange for cancellation of the Order or delivery to an alternative delivery address. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify You will be made using the details You provided.
On delivery of the Product, You may be required to sign for delivery, unless You grant Us authority to leave “authority”. If You grant authority, You understand and agree that this gives Us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, You understand and agree that by granting Us authority, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to You on delivery. If You are not available to take delivery or collection, the courier may leave a note with instructions on either re- delivery or collection from the courier.
You agree to inspect the Product for any obvious faults, defects or damage before You sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with Us about it. The buyer is responsible for inspecting the goods for fault and notifying Us in accordance with our Returns Policy should there be a fault. Unless otherwise specified, responsibility and title in the Goods passes to You upon delivery. If You have specified a recipient who is not You for delivery purposes (for example as a gift) then You accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
CHANGE OF ADDRESS
We cannot be held responsible for an incorrect address being entered on Your order. Address Confirmation is given on the review & buy page in the checkout section of the Website. If this is not noticed until after Your order is finalised, please contact Customer Service immediately. We will attempt to update any incorrect order details, however due to the fast processing within our distribution centre, some orders cannot be adjusted. Therefore, You should carefully check that Your Order is accurate before You submit it to us.
If notified before goods have been dispatched, we can accommodate order cancellations. If items have been shipped, we reserve the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.
All sales are subject to our Returns Policy.
From time to time Bohotique has special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The Code cannot be retrospectively once You have submitted Your Order.. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction and is non-transferable. Unless otherwise specified each promotional code may only be used once per customer.
Every product we send out is initially quality controlled, however if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law or similar legislation, happily replace it or refund the cost Please see our Returns Policy for further information. Please note that wear and tear in the course of normal use is not considered a manufacturing fault.
Goods are faulty if they are received damaged or where a manufacturing fault occurs. Items that are damaged because of normal wear and tear are not considered to be faulty.
If You would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, You are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on site. However, as computer monitors vary, we cannot guarantee that Your monitor's display of any colour will be completely accurate.
The Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the Website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
Bohotique does not store or keep credit card numbers from online transactions. While every endeavour is ensure you shopping experience is secure, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
Limitation of Liability
To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If Bohotique is liable for breach of an imposed guarantee or implied warranty or representation, Bohotique’ liability is, at its option limited to the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired.
Bohotique has provided information on the Website as accurately as possible. We take all reasonable care - in so far as it is in our power to do so - to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Subject to any rights You have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to You or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to Your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
Subject to any rights You have under any consumer protection law or any other Laws that cannot be excluded, we excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010.
Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent that You cause or contribute to the loss or damage.
Use of the Website
You agree that You will use the Website in accordance with these Terms and Conditions and that You will not use the Website for any unlawful purpose.
You will not violate or attempt to violate the security of the Website. You will not attempt to illegally gain access to the back end of the Website, or related servers and hosting computer systems and platforms of other users of the Website.
By entering the Website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. Bohotique reserves the right to change this Agreement at any time. Any such changes will be posted on the Website.
From time to time down-time, either scheduled or unscheduled, may occur. Bohotique will work within reason to ensure the amount of down-time is limited. Bohotique will not be held liable for the consequences of any down-time.
We run competitions and contests on the Website and blog in which we may ask for subscription email information and membership. The terms and conditions of each promotion is at the discretion of Bohotique and are subject to change.
The Website is owned and operated by Us. Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of or used under license by Us.
Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual and personal use no part of the Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
All rights not expressly granted are reserved.
The Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Bohotique direct control and Bohotique accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to the Website).
You acknowledge that Bohotique is entitled to require you to remove any link from another website to the Website which you install without obtaining Bohotique prior written consent.
The intellectual property rights in all software and content made available to You on or through the Website remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by Us and our 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 the Website nor may You use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
Bohotique reserves the right to terminate the agreement to supply Products to you at any time before the Products are dispatched to you. Bohotique shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
If the Product has not been delivered to You prior to any termination of this Agreement by Bohotique, Bohotique will refund to You any payment You have made prior to termination.
Bohotique may terminate the agreement under which you can use the Website immediately without notice if you are in breach of any term of this agreement.
This Terms of Sale and Use of Website Agreement together with the other policies on the Website are the entire agreement between us.
This Agreement will be governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this agreement is not affected.
We reserve the right at all times to make changes to these Terms and Conditions. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern Your relationship with Us with respect to that Order.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by Us to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any power or right.
The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in Queensland.
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