TERMS AND CONDITIONS
1.1 Welcome to the BlissVixen website (“Website”). This Website is owned and operated by Swank-e Pty Ltd (ABN 90 639 421 47) (“We”, “Us” and “Our”). The following terms and conditions (“Terms”) apply whenever you visit or use our Website or whenever you purchase any of our products (together our “Services”).
1.2 Please read these Terms carefully before ordering any products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these terms, you will not be able to order any products through the Website.
1.3 We may update these Terms from time to time and you agree to be bound by such terms as are in effect at the time at which you access the Website. Every time you wish to order products, please check these Terms to ensure you understand the Terms which will apply at that time.
2. Use of our services
2.1 You must be 18 years or older to use our Website, set up an account with us, and to order products from us.
You must not use our Services or products for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction.
3. Product information and availability
3.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
3.2 Any free gift with purchase offered by us is provided in limited quantities and is subject to availability. Gifts with purchases are not exchangeable or redeemable for cash or compensation.
3.3 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
3.4 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Items may only be ordered for consumer use in standard household quantities.
3.5 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. The price payable by you is the price displayed at the time of confirming and paying for your order.
4.2 Your order will be confirmed once you have clicked the pay now button on the order summary page. No changes can be made to your order after this point.
5.2 Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure the address provided is complete and accurate.
5.3 While we aim to deliver products to you at your nominated shipping address within the time indicated to us at the time of your order, delivery times are an estimate only and may be subject to delays beyond our control and to the extent permitted by law, we will not be liable to you for any loss, liability, cost, damages or expenses arising out of late or delayed delivery.
5.4 If delivery is unable to be completed at your nominated address, your order may be redirected to a collection point, redelivered in the next delivery run or returned back to us. If your order is returned to us we will contact you to arrange alternative delivery.
6. THIRD-PARTY LINKS
6.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
6.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
7.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party
8.1 Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
9.1 The Website, Services and information on the Website is provided on an “as is, as available” basis without any warranties whether express or implied.
9.2 We do not warrant that the Website will always be accessible, uninterrupted, timely , secure, error-free or free from computer virus or other invasive or damaging code or that the Website will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology. Notwithstanding that we will try to allow uninterrupted access to the Website, access to the Services and the Website may be suspended, restricted or terminated at any time without notice to you.
9.3 To the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits) in relation to: (a) the Website and its content (including in relation to any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy or availability); (b) any third party content (including without limitation any errors or misstatements); or (c) any offer or any products and Services subject of any offer.
9.4 To the extent permitted by law, we will not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Website and these Terms. For the purposes of these Terms, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.5 You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of: (a) your use of the Website or Services; (b) any other party’s use of the Website or Services using your account; and/or (c) your breach of any of these Terms, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
10.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
11. ENTIRE AGREEMENT
11.1 These Terms and Conditions along with any document expressly referred to in them constitute the whole agreement between you and us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
12. GOVERNING LAW
12.1 These Terms and Conditions are governed by and construed in accordance with the laws of the state of Queensland, Australia and any dispute or claim shall be subject to the exclusive jurisdiction of Queensland, Australia.
13. CONTACT INFORMATION
Questions about these Terms should be sent to us at email@example.com