Terms & Conditions
Heavenly Perfumes is owned and
operated by JGSB Pty Ltd. As you access, browse and use our network you agree to
all the Terms and Conditions contained herein, and agree that you acknowledge
and understand them.
As a valued customer of our web site
do please ensure that you read these Terms and Conditions prior to ordering any
of the goods both the use of this site and the purchase of products from the
site. If you require clarification of the meaning of any of these Terms and
Conditions, contact us at Heavenly Perfumes prior to ordering any goods or
products.
Acceptance of the Terms and
Conditions
The Heavenly Perfumes
website is owned and operated by JGSB Pty Ltd (ABN 67 925 165 235)
("Heavenly Perfumes"). To use or access, use or browse this
website you
must be over eighteen (18) years of age. As such, by accessing,
using or browsing this site, you acknowledge and agree to the terms
and conditions, as well as any relevant disclaimers contained
herein. Further, by continuing you acknowledge that you have read
and understood these Terms and Conditions. By purchasing an item
from this web site you agree to be bound by these Terms and
Conditions.
Heavenly Perfumes
reserves the right to change any or all of the information contained
herein at any time and you should constantly check current terms and
conditions.
Pricing
Prices which appear on this website are quoted
in Australian dollars and are valid and effective only in Australia.
All prices are GST inclusive. Prices for special orders are provided
as an approximation only and any differences in that price will be
disclosed at the time of ordering, and before order is confirmed.
Heavenly Perfumes takes no responsibility or liability for the
accuracy of any such price as it applies to any particular purchase.
Prohibitions
Please ensure you do not knowingly transmit
any material that may contain a virus or other harmful component.
Only individuals who can make legally binding contracts may purchase
goods and services from this site. These products and services are
not available to anyone under the age of 18 years old. Heavenly
Perfumes cannot guarantee that it will notice or be able to prevent
any illegal or inappropriate use of this web site, nor can Heavenly
Perfumes guarantee that it will give notice of any illegal or
inappropriate use of this web site.
Orders
Any order placed by you
is in effect an offer by you to purchase a product for the price
(including the delivery and other charges) specified in this
website. Heavenly Perfumes may accept or reject your offer for any
reason, including, the unavailability of any product, an error in
the price or the product description posted on this web site, or an
error in your order. Your contract with Heavenly Perfumes will only
come into existence when you have fully paid for your order and
Heavenly Perfumes advises you that it has accepted your order and
your receipt has been confirmed.
Prices of products and
services and delivery and other related charges as displayed are
current at the time of issue, but may change at any time and are
subject to availability. Similarly the availability of products and
services may change from time to time.
Risk
Heavenly Perfumes will retain title to the
products you order until you have made payment in full for those
products, but all risk in the products will pass to you on dispatch
from the distribution centre. You are responsible for any taxes,
duties or other liabilities imposed by any governmental agency.
Loss or damage in transit
Heavenly Perfumes is not responsible to the
buyer or any person claiming through the buyer for any loss or
damage to goods or products caused by any event of any kind by any
person, whether or not Heavenly Perfumes is legally responsible for
the person who caused or contributed to that loss. Insurance against
damage or loss of your purchases in transit is included, and any
insurance payment will be limited to a refund of the purchase price,
or replacement of product.
Exclusion of negligence
Heavenly Perfumes is not liable to the buyer in contract
or in tort arising out of, or in connection with, or relating to:
(a) the performance of the product;
(b) any fact, matter or thing relating to the products; or
(c) any error in information supplied to the buyer or a user at or after the
date of the purchaser’s or user’s use of the product.
Delivery
Delivery times given on this
web site are indicative only. Heavenly Perfumes will not be liable for
any failure to observe these delivery times. You understand and agree
that you shall not be entitled to withdraw or modify any commitment made
for the purchase of products from this web site once that commitment has
been made for any reason, including without limitation, due to any delay
in delivery.
If however, delivery has not
been effected after 30 days from the indicative delivery date the
customer may treat the failure to deliver as a terminating contractual
event.
If Heavenly Perfumes does not
have the particular products in stock, Heavenly Perfumes will contact
you, the buyer, and inform you of the general date of availability.
Heavenly Perfumes does not charge your card until product is available;
however a non-refundable deposit of 20% may be requested for purchases
which are 'special orders'.
Returns
You should review Heavenly
Perfumes' returns policy for information concerning returns. You agree
to be bound by the terms of the returns policy and Heavenly Perfumes'
liability is limited as expressed in that policy and these Terms and
Conditions.
Termination
Your ability to purchase
products and services from this website may be terminated at any time by
Heavenly Perfumes without notice. All restrictions, licenses granted by
you and all disclaimers and limitations of liability by Heavenly
Perfumes will survive termination.
Should you object
to any of these Terms and Conditions, including any subsequent
amendments, you must immediately discontinue use of this site.
Comments, feedback and submissions
Heavenly Perfumes welcomes your feedback regarding this
website, as well as
it’s products and services. Any information, concepts, ideas, comments,
materials, suggestions or comments sent to Heavenly Perfumes will not be
treated as confidential information and by submitting such information
you are granting Heavenly Perfumes an unrestricted license
to use, display, modify, reproduce, transmit and distribute such
information for any purpose whatsoever. Unless required by law, Heavenly
Perfumes will not use your name in connection with any such information,
materials, suggestions, ideas or comments without your prior written
consent.
Colour information
While Heavenly Perfumes has endeavoured to display accurately the
colours of products, the actual colours you see will depend on your
monitor and may not be accurate.
Copyright
The Heavenly Perfumes website
design, text, images, graphics, logos, buttons and arrangements are
copyrighted by Heavenly Perfumes. We reserve all such rights. The content
on this web site is the property of Heavenly Perfumes and protected by
copyright law. At the discretion of the owners, and only upon written
permission, will permission be granted to any other party
to electronically copy and print portions of the Heavenly
Perfumes website for the sole purposes of placing an order
with Heavenly Perfumes or using the same as a shopping resource. Any
other use of materials on this web site without expressed permission by
Heavenly Perfumes is prohibited.
All trademarks, product names & company
names or logos cited are the property of their respective owners.
Warranty
The owners of
this website warrant to any purchaser that they are the owners of the
copyright as contained on this site, and that no interest has been
granted to any other party for the reproduction of material as contained
on this site.
Indemnity
The user of this
website shall at all times keep the owners and proprietors, employees
and sub-contractors, of this website indemnified from and against all
claims, demands, actions, proceedings or prosecutions which may be
brought, commenced or prosecuted against the owners and proprietors,
employees and sub-contractors, or in which the owners and proprietors,
employees and sub-contractors, may be involved in consequence of or
relating to the manufacture, production, provision or supply of the
goods by the user. This indemnity will extend to all costs, damages and
expenses incurred by the owners and proprietors, employees and
sub-contractors in connection herewith.
Infringement
In the event the
owners and proprietors of this website learn of any infringement or
threatened of any of the intellectual property rights under this
agreement or any common law passing- off by reason of imitation of
get-up or otherwise, the owners and proprietors of this site shall have
the right, at the licensee’s expense to institute and prosecute such an
action in the company’s name.
Governing law
The governing law
shall be the law of the State of Western Australia and the parties
submit to the jurisdiction of that State.
Disclaimer
Heavenly Perfumes
provides this site on an as-is basis and makes no representations of any
kind for the operation of the website, as well as for all information,
products, materials and services as associated. To the extent of
permissible law, we disclaim all warranties and representations.
Heavenly Perfumes does not warrant that any information available on the
Heavenly Perfumes web site is accurate, current or complete.
Heavenly Perfumes is not liable in any way for any damages
arising from the use of this site. This limitation of liability applies
to damages of any kind, including direct, indirect and incidental, loss
of income, profit, data, property and claims by third parties.
Privacy and security
policy
JGSB Pty Ltd, trading as Heavenly Perfumes, maintains a privacy policy that
protects information of clients. The privacy policy can be read at
http://www.heavenlyperfumes.com.au/privacy
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