The "bunski" website ("website") is operated by Fuschia Family Trust (ABN 76 016 104 014) (The Company). Use of this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions").
Use of this website constitutes your agreement to the Terms and Conditions and you will be asked to agree to these terms and conditions when making any online purchases from the website.
If you chose not to be bound by the following terms, the Company does not grant you the right to use the website and you must not use this website.
The Company reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
- Use and Copyright
You may use the website and information contained within for your own personal and non-commercial reference only. You must not hack into the website nor employ any device or process to use the website for any unauthorised purpose.
The information, images and artwork contained within this website is the copyright of the Company (unless otherwise specified). You may make any copies of any information reasonably incidental to your viewing of the website and may retain a copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in another form or altered, transmitted in any form or by any means in whole or in part without the prior written approval of the Company.
While the information contained in the website is believed to be accurate and current, it is provided by the Company in good faith on an "as is" basis. The Company Directors, Officers or Employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
The Company does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The Company will not be liable to you or to any other person for any loss or damage (whether direct, indirect or consequential), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on the Company, it shall be limited to the cost of re-supplying that information.
- Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. Users of this website agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all of its customers and business contacts. The Company is subject to the requirements of the National privacy Principles which are contained in the Privacy Act.
Any of your personal information that the Company holds such as your name, your size, your email address and your phone number will be held in strictest confidence.
Your personal information may be used to:
- Improve service to you, the customer, for current or return purchases from the website.
- Inform you of new brands, new products and new styles via your email address.
- Your personal information is not disclosed to any organisation outside of the Company.
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. A valid Credit Card rightly in possession of its approved owner is required to make purchases on this website, with the exception of PayPal (which is subject to the terms and conditions on the PayPal website). Credit Card fraud is not accepted and misrepresentation is treated very seriously and will be reported to authorities such as Police and Banking Institutions for appropriate action as necessary.
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. The Company reserves the right to accept or reject your offer for any reason, including, without limitation to the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order or payment. Your contract with the Company only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Wholesale pricing can be made available on request to other companies wishing to resell the “bunski” brand in retail outlets or other websites based on agreement from “bunski” management. Consignment options may also be available to certain companies wishing to resell the “bunski” brand in retail outlets or other websites based on agreement from “bunski” management.
- Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will be deducted after we receive your order. We will send an email confirming the order amount after deduction of the GST component.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Your order will aim to be posted next business day but may in some cases be posted within 2 business days. Shipping usually takes between 2-3 business days unless an Express Post or Next Business Day postage option has been paid for. The delivery times are indicative only and the Company will not be liable for any failure to observe these delivery times.
- Risk and Title
The Company 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 upon your signature or receipt of those goods at the specified delivery address.
- Limitation of liability
The Company will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangibles, even if the Company has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of the Company for any breach of such term, condition or warranty shall be limited, at the option of the Company, to any one or more of the following:
- If the breach relates to goods then the
- replacement of the goods or supply of equivalent goods;
- repair of such goods
- payment of the cost of replacing the goods or of acquiring equivalent goods; or
- payment of the cost of having the goods repaired; and
- If the breach to relates to services then the
- supply of the services again; or
- payment of the cost of having the services supplied again.
- If the order arrives damaged or defective
Goods for sale on our website are inspected before they are shipped. If you believe the product to be damaged or defective, please notify us immediately, mail the packaging, the damaged or defective product with confirmation of purchase to the Company and we will mail you a new garment. You must do this within 7 days of receiving the shipment from us. The customer is responsible for the cost of mailing the damaged or defective garment to the Company and the Company will be responsible for the cost of mailing the new garment back to the Customer. Once we receive your return, allow approximately 1 week for processing. We’ll investigate the fault or damage immediately. Please note that due to the limited supply of our products the item that you have purchased may have sold out and a store credit of equal value will be supplied.
- Refunds Policy
Please Note: Refunds will be given at the discretion of the Company unless the product supplied is damaged or defective (see clause 16 above). If for any reason you are not satisfied with your bunski online purchase, please contact the Company for assistance. You are asked to return the product that you purchased from the Company web site immediately (within 7 days) with your email purchase confirmation and Invoice number as proof of your purchase and a written explanation of the cause for concern. The Company is not responsible for and will not accept the return of any item that is not returned in a new, unused and unworn condition. Garments must not have been worn. The Company will exchange the product or provide you with a store credit on your customer account, provided the product is returned to the Company in its original condition, that is, undamaged. The customer is responsible for the cost of mailing the product to the Company.
The Company reserves the right to inspect all returned goods. If the product is replaced, however, the Company cannot guarantee that a direct replacement will be available. The Company will assist you with information on an alternative replacement. The Company will credit online purchases, at the request of the customer, if the goods are damaged or defective. The issue of a credit note for a replacement garment will not be made until an inspection of the returned garment is made. The issue of a credit note for a replacement garment is not a direct right.
Your products are insured against loss while in transit to you. Once the parcel has been received the goods are deemed your responsibility and insurance on the goods from the Company ceases to be valid. If you are returning an item to The Company you should consider insuring the parcel.
- Product information
The Company is proud of the quality of the T-shirts and garments that we are selling on our website. You must always read the care instructions on the T-shirt and follow them carefully. As you know, every T-shirt has a life expectancy, therefore treat your T-shirt carefully so that it will remain in the best possible condition for as long as possible.
The Company is not responsible for fading or bleeding of colours due to washing of the T-shirt. It is best to wash the shirt inside out in cold water and hang to dry, out of direct sunlight. After the first wash, the print may lose a bit of it's original shine due to a finishing layer that is applied to the final print becoming removed, this is normal.
Do not iron the graphic on the T shirt. Please contact “bunski” if you are not satisfied with your garment.
Please check that you have received the product you ordered.
If you have any questions about your order please contact the Company.