TERMS AND CONDITIONS
A. About these Terms and Conditions
These Terms and Conditions (“Terms”) are between you and us, Big Island Designs and govern your access to and use of our website, including the purchase of goods or services through the Site (“Services”).
Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By browsing the website and/or accessing or using the Services, including placing an order, you agree to be bound by these Terms.
You may use the Services only in compliance with these Terms and all applicable laws.
B. About the Services
You are responsible for your use of the Services and for any consequences thereof.
Our website provides an online shop for authentic Australian made products and gifts. Big Island Design does not make any of the products sold, and we make no guarantee or warranty as to the quality, purpose or condition of any product purchased by you.
The Services that we provide are always evolving and the form and nature of the Services that we provide, including the products that we sell, may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
Care has been taken to ensure that the products and descriptions of them on our website are accurate. We do not, however, promise or represent that it is accurate or free from errors or omissions and we reserve the right to make any necessary corrections.
C. Website use
You must ensure that your access to, or use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that your process for accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the website.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
To become a member of the website, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details, we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at firstname.lastname@example.org.
You will receive an email from us immediately after you create your membership account.
You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the Site, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the website, or change or remove website functionality at any time without notice to you.
You may place an Order by filling in the Order Form on the Site and clicking the “confirm” button.
Orders will be deemed to have been received by us when we send you an Order confirmation to your nominated e-mail address.
Products offered for sale on the website do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
We are an online business and will primarily communicate with you via e-mail. It is your responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
Each Order (once confirmed) represents a separate agreement.
We, at our sole discretion, may cancel your Order at any time prior to dispatch of the goods. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
We accept no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.
For pricing and delivery information please refer to our website policies.
E. Intellectual Property
The materials displayed on this website, including all editorial materials, information, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks, are the property of Big Island Designs, unless attributed otherwise, and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Big Island Designs. Big Island Designs does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in the user interface of the website.
G. Disclaimer of warranties
To the maximum extent permitted by law (most importantly the Australian Consumer Law):
We disclaim all warranties with regard to the information and applications contained on the website and your use of the website, including all implied warranties of merchantability and fitness;
Big Island Designs, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the website whether in contract, at common law or in equity, or on any other basis.
If we become liable for any breach of any such condition or warranty, our liability shall be limited at its option, to any one or more of the following:
In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and
In the case of services: to either supplying the services again or payment of the cost of having the services supplied again.
H. Indemnity and Release
You agree to defend, indemnify, release from liability and hold harmless Big Island Designs (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from your use of and access to, or inability to use or access, the website, your violation of any Term or your violation of any third party right, including but not limited to any copyright, property, or privacy right.
I. Third Party Websites
Our Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
J. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect
Please note that all prices listed on the Site are in Australian Dollars unless otherwise specified. All transactions are processed in Australian dollars.
All prices listed on the site exclude GST unless otherwise specified. For customers in Australia GST will be added to your Order. For customers in countries outside of Australia GST will not be charged.
All prices displayed on the site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retrospectively applied to confirmed Orders.
All prices listed on the site exclude Delivery Costs.
Delivery Costs are:
-shown in the ‘delivery/shipping information’ section;
-calculated in the Order confirmation, and may be recalculated depending on the number of goods you place in an Order; and
-will be confirmed in the Order confirmation at the time of purchase.
International Delivery Costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the recipient of the Order.
In accordance with Australian export regulations we are required to declare the exact value of all items and identify the Order as dutiable “merchandise”. We are also prohibited by law from identifying an Order as a “gift” for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.
Big Island Designs Australia reserves the right to refuse a sale.
L. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at www.bigislandaus.com.au. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
M. Choice of Law
This License will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.