1. About the Website

    1.1. Welcome to http://www.blissfuldesigns.com.au/ (the 'Website'). The Website

    provides you with an opportunity to browse and purchase various products that

    have been listed for sale through the Website (the 'Products'). The Website

    provides this service by way of granting you access to the content on the Website

    (the 'Purchase Services').

    1.2. The Website is operated by Blissful Designs (ABN 55311674755). Access to and

    use of the Website, or any of its associated Products or Purchase Services, is

    provided by Blissful Designs. Please read these terms and conditions (the

    'Terms') carefully. By using, browsing and/or reading the Website, this signifies

    that you have read, understood and agree to be bound by the Terms. If you do

    not agree with the Terms, you must cease usage of the Website, or any of the

    Purchase Services, immediately.

    1.3. Blissful Designs reserves the right to review and change any of the Terms by

    updating this page at its sole discretion. When Blissful Designs updates the

    Terms, it will use reasonable endeavours to provide you with notice of updates to

    the Terms. Any changes to the Terms take immediate effect from the date of them

    publication. Before you continue, we recommend you keep a copy of the Terms

    for your records.

     

    1. Acceptance of the Terms

    You accept the Terms by remaining on the Website. You may also accept the Terms

    by clicking to accept or agree to the Terms where this option is made available to you

    by Blissful Designs in the user interface.

     

    1. Registration to use the Purchase Services

    3.1. In order to access the Purchase Services, you must first register as a user of the

    Website. As part of the registration process, or as part of your continued use of

    the Purchase Services, you may be required to provide personal information

    about yourself (such as identification or contact details), including:

    (a) an email address

    (b) preferred username

    (c) a mailing address

    (d) a telephone number

    (e) a password.

    3.2. You warrant that any information you give to Blissful Designs in the course of

    completing the registration process will always be accurate, correct and up to

    date.

    3.3. Once you have completed the registration process, you will be a registered

    member of the Website ('Member') and agree to be bound by the Terms. As a

    Member you will be granted immediate access to the Purchase Services.

    3.4. You may not use the Purchase Services and may not accept the Terms if:

    (a) you are not of legal age to form a binding contract with Blissful Designs; or

    (b) you are a person barred from receiving the Purchase Services under the

    laws of Australia or other countries including the country in which you are

    resident or from which you use the Purchase Services.

     

    1. Your obligations as a Member

    4.1. As a Member, you agree to comply with the following:

    You will use the Purchase Services only for purposes that are permitted by:

    (a) the Terms;

    (b) any applicable law, regulation or generally accepted practices or guidelines

    in the relevant jurisdictions;

    (c) you have the sole responsibility for protecting the confidentiality of your

    password and/or email address. Use of your password by any other person

    may result in the immediate cancellation of the Purchase Services;

    (d) any use of your registration information by any other person, or third

    parties, is strictly prohibited. You agree to immediately notify Blissful

    Designs of any unauthorised use of your password or email address or any

    breach of security of which you have become aware;

    (e) access and use of the Website is limited, non-transferable and allows for

    the sole use of the Website by you for the purposes of Blissful Designs

    providing the Purchase Services;

    (f) you will not use the Purchase Services or Website for any illegal and/or

    unauthorised use which includes collecting email addresses of Members by

    electronic or other means for the purpose of sending unsolicited email or

    unauthorised framing of or linking to the Website;

    (g) you agree that commercial advertisements, affiliate links, and other forms

    of solicitation may be removed from the Website without notice and may

    result in termination of the Purchase Services. Appropriate legal action will

    be taken by Blissful Designs for any illegal or unauthorised use of the

    Website; and

    (h) you acknowledge and agree that any automated use of the Website or its

    Purchase Services is prohibited.

     

    1. Purchase of Products and Returns Policy

    5.1. In using the Purchase Services to purchase the Product through the Website,

    you will agree to the payment of the purchase price listed on the Website for the

    Product (the 'Purchase Price').

    5.2. Payment of the Purchase Price may be made through one of the following third

    party providers:

    (a) Paypal

    (b) Authorize.net

    (c) SecurePay

    (d) Shopify Payment Gateway

    (the 'Payment Gateway Providers')

    In using the Purchase Services, you warrant that you have familiarised yourself

    with, and agree to be bound by, the applicable Terms and Conditions of Use,

    Privacy Policy and other relevant legal documentation provided by the Payment

    Gateway Providers.

    5.3. Following payment of the Purchase Price being confirmed by Blissful Designs,

    you will be issued with a receipt to confirm that the payment has been received

    and Blissful Designs may record your purchase details for future use.

    5.4. Blissful Designs may, at their sole discretion, provide a refund on the return of the

    Products within 20 days where the Product packaging is unopened and remains

    in a saleable condition. You acknowledge and agree that you are liable for any

    postage and shipping costs associated with any refund pursuant to this clause.

     

    1. Warranty

    6.1. Blissful Designs's Products come with guarantees that cannot be excluded under

    the Australian Consumer Law. You are entitled to a replacement or refund for a

    major failure of the Product. You are also entitled to have the Products repaired

    or replaced if the Products fail to be of acceptable quality and the failure does not

    amount to a major failure (the 'Warranty').

    6.2. You may make a claim under this clause (the 'Warranty Claim') for material

    defects and workmanship in the Products within 20 Days from the date of

    purchase (the 'Warranty Period').

    6.3. In order to make a Warranty Claim during the Warranty Period, you must provide

    proof of purchase to Blissful Designs showing the date of purchase of the

    Products, provide a description of the Products and the price paid for the

    Products by sending written notice to Blissful Designs at 128 TRINITY WAY,

    DREWVALE, QLD 4116, Australia or by email at blissfuldesignsaus@gmail.com.

    6.4. Where the Warranty Claim is accepted then Blissful Designs will, at its sole

    discretion, either repair or replace any defective Products or part thereof with a

    new or remanufactured equivalent during the Warranty Period at no charge to

    you for parts or labour. You acknowledge and agree that you will be solely liable

    for any postage or shipping costs incurred in facilitating the Warranty Claim.

    6.5. The Warranty shall be the sole and exclusive warranty granted by Blissful

    Designs and shall be the sole and exclusive remedy available to you in addition

    to other rights and under a law in relation to the Products to which this warranty

    relates.

    6.6. All implied warranties including the warranties of merchantability and fitness for

    use are limited to the Warranty Period.

    6.7. The Warranty does not apply to any appearance of the supplied Products nor to

    the additional excluded items set forth below nor to any supplied Products where

    the exterior of which has been damaged or defaced, which has been subjected to

    misuse, abnormal service or handling, or which has been altered or modified in

    design or construction.

     

    1. Copyright and Intellectual Property

    7.1. The Website, the Purchase Services and all of the related products of Blissful

    Designs are subject to copyright. The material on the Website is protected by

    copyright under the laws of Australia and through international treaties. Unless

    otherwise indicated, all rights (including copyright) in the site content and

    compilation of the website (including text, graphics, logos, button icons, video

    images, audio clips and software) (the 'Content') are owned or controlled for

    these purposes, and are reserved by Blissful Designs or its contributors.

    7.2. Blissful Designs retains all rights, title and interest in and to the Website and all

    related content. Nothing you do on or in relation to the Website will transfer to

    you:

    (a) the business name, trading name, domain name, trade mark, industrial

    design, patent, registered design or copyright of Blissful Designs; or

    (b) the right to use or exploit a business name, trading name, domain name,

    trade mark or industrial design; or

    (c) a system or process that is the subject of a patent, registered design or

    copyright (or an adaptation or modification of such a system or process).

    7.3. You may not, without the prior written permission of Blissful Designs and the

    permission of any other relevant rights owners: broadcast, republish, up-load to a

    third party, transmit, post, distribute, show or play in public, adapt or change in

    any way the Content or third party contact for any purpose. This prohibition does

    not extend to materials on the Website which are freely available for re-use or are

    in the public domain.

    1. Privacy

    Blissful Designs takes your privacy seriously and any information provided through

    your use of the Application and/or the Purchase Services are subject to Blissful

    Designs's Privacy Policy, which is available on the Application.

     

    1. General Disclaimer

    9.1. You acknowledge that Blissful Designs does not make any terms, guarantees,

    warranties, representations or conditions whatsoever regarding the Products

    other than provided for pursuant to these Terms.

    9.2. Blissful Designs will make every effort to ensure a Product is accurately depicted

    on the Website, however, you acknowledge that sizes, colours and packaging

    may differ from what is displayed on the Website.

    9.3. Nothing in these Terms limits or excludes any guarantees, warranties,

    representations or conditions implied or imposed by law, including the Australian

    Consumer Law (or any liability under them) which by law may not be limited or

    excluded.

    9.4. Subject to this clause, and to the extent permitted by law:

    (a) all terms, guarantees, warranties, representations or conditions which are

    not expressly stated in these Terms are excluded; and

    (b) Blissful Designs we will not be liable for any special, indirect or

    consequential loss or damage (unless such loss or damage is reasonably

    foreseeable resulting from our failure to meet an applicable Consumer

    Guarantee), loss of profit or opportunity, or damage to goodwill arising out

    of or in connection with the Purchase Services or these Terms (including as

    a result of not being able to use the Purchase Services or the late supply of

    the Purchase Services), whether at common law, under contract, tort

    (including negligence), in equity, pursuant to statute or otherwise.

    9.5. Use of the Website, the Purchase Services, and any of the products of Blissful

    Designs is at your own risk. Everything on Website, the Purchase Services, and

    the Products of Blissful Designs are provided to you on an "as is" and "as

    available" basis, without warranty or condition of any kind. None of the affiliates,

    directors, officers, employees, agents, contributors, third party content providers

    or licensors of Blissful Designs make any express or implied representation or

    warranty about its Content or any products or Purchase Services (including the

    products or Purchase Services of Blissful Designs) referred to on the Website.

    This includes (but is not restricted to) loss or damage you might suffer as a result

    of any of the following:

    (a) failure of performance, error, omission, interruption, deletion, defect, failure

    to correct defects, delay in operation or transmission, computer virus or

    other harmful component, loss of data, communication line failure, unlawful

    third party conduct, or theft, destruction, alteration or unauthorised access

    to records;

    (b) the accuracy, suitability or currency of any information on the Website, the

    Purchase Service, or any of its Content related products (including third

    party material and advertisements on the Website);

    (c) costs incurred as a result of you using the Website, the Purchase Services

    or any of the Products;

    (d) the Content or operation in respect to links which are provided for the

    User's convenience;

    (e) any failure to complete a transaction, or any loss arising from e-commerce

    transacted on the Website; or

    (f) any defamatory, threatening, offensive or unlawful conduct of third parties

    or publication of any materials relating to or constituting such conduct.

     

    1. Limitation of Liability

    10.1. Blissful Designs's total liability arising out of or in connection with the Purchase

    Services or these Terms, however arising, including under contract, tort

    (including negligence), in equity, under statute or otherwise, will not exceed the

    most recent Purchase Price paid by you under these Terms or where you have

    not paid the Purchase, then the total liability of Blissful Designs is the resupply of

    information or Purchase Services to you.

    10.2. You expressly understand and agree that Blissful Designs, its affiliates,

    employees, agents, contributors, third party content providers and licensors shall

    not be liable to you for any direct, indirect, incidental, special consequential or

    exemplary damages which may be incurred by you, however caused and under

    any theory of liability. This shall include, but is not limited to, any loss of profit

    (whether incurred directly or indirectly), any loss of goodwill or business

    reputation and any other intangible loss.

    10.3. Blissful Designs is not responsible or liable in any manner for any site content

    (including the Content and Third-Party Content) posted on the Website or in

    connection with the Purchase Services, whether posted or caused by users of

    the website of Blissful Designs, by third parties or by any of the Purchase

    Services offered by Blissful Designs.

     

    1. Termination of Contract

    11.1. The Terms will continue to apply until terminated by either you or by Blissful

    Designs as set out below.

    11.2. If you want to terminate the Terms, you may do so by:

    (a) notifying Blissful Designs at any time; and

    (b) closing your accounts for all the Purchase Services which you use,

    where Blissful Designs has made this option available to you.

    Your notice should be sent, in writing, to Blissful Designs via the 'Contact Us' link

    on our homepage.

    11.3. Blissful Designs may at any time, terminate the Terms with you if:

    (a) you have breached any provision of the Terms or intend to breach any

    provision;

    (b) Blissful Designs is required to do so by law;

    (c) the partner with whom Blissful Designs offered the Purchase Services to

    you have terminated its relationship with Blissful Designs or ceased to offer

    the Purchase Services to you;

    (d) Blissful Designs is transitioning to no longer providing the Purchase

    Services to Users in the country in which you are resident or from which

    you use the service; or

    (e) the provision of the Purchase Services to you by Blissful Designs is, in the

    opinion of Blissful Designs, no longer commercially viable.

    11.4. Subject to local applicable laws, Blissful Designs reserves the right to discontinue

    or cancel your membership to the Website at any time and may suspend or deny,

    in its sole discretion, your access to all or any portion of the Website or the

    Purchase Services without notice if you breach any provision of the Terms or any

    applicable law or if your conduct impacts Blissful Designs's name or reputation or

    violates the rights of those of another party.

    11.5. When the Terms come to an end, all the legal rights, obligations and liabilities

    that you and Blissful Designs have benefited from, been subject to (or which

    have accrued over time whilst the Terms have been in force) or which are

    expressed to continue indefinitely, shall be unaffected by this cessation, and the

    provisions of this clause shall continue to apply to such rights, obligations and

    liabilities indefinitely.

     

    1. Indemnity

    12.1. You agree to indemnify Blissful Designs, its affiliates, employees, agents,

    contributors, third party content providers and licensors from and against:

    (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

    damage (including legal fees on a full indemnity basis) incurred, suffered or

    arising out of or in connection with any Content you post through the

    Website;

    (b) any direct or indirect consequences of you accessing, using or transacting

    on the Website or attempts to do so and any breach by you or your agents

    of these Terms; and/or

    (c) any breach of the Terms.

     

    1. Dispute Resolution

    13.1. Compulsory:

    If a dispute arises out of or relates to the Terms, either party may not commence any

    Tribunal or Court proceedings in relation to the dispute, unless the following clauses

    have been complied with (except where urgent interlocutory relief is sought).

    13.2. Notice:

    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must

    give written notice to the other party detailing the nature of the dispute, the desired

    outcome and the action required to settle the Dispute.

    13.3. Resolution:

    On receipt of that notice ('Notice') by that other party, the parties to the Terms

    ('Parties') must:

    (a) Within days of the Notice endeavour in good faith to resolve the Dispute

    expeditiously by negotiation or such other means upon which they may

    mutually agree;

    (b) If for any reason whatsoever, days after the date of the Notice, the Dispute

    has not been resolved, the Parties must either agree upon selection of a

    mediator or request that an appropriate mediator be appointed by the

    President of the or his or her nominee;

    (c) The Parties are equally liable for the fees and reasonable expenses of a

    mediator and the cost of the venue of the mediation and without limiting the

    foregoing undertakes to pay any amounts requested by the mediator as a

    pre-condition to the mediation commencing. The Parties must each pay

    their own costs associated with the mediation;

    (d) The mediation will be held in, Australia.

    13.4. Confidential

    All communications concerning negotiations made by the Parties arising out of and in

    connection with this dispute resolution clause are confidential and to the extent

    possible, must be treated as "without prejudice" negotiations for

    applicable laws of evidence.

    13.5. Termination of Mediation:

    If have elapsed after the start of a mediation of the Dispute and the Dispute has not

    been resolved, either Party may ask the mediator to terminate the mediation and the

    mediator must do so.

     

    1. Venue and Jurisdiction

    The Purchase Services offered by Blissful Designs is intended to be viewed by

    residents of Australia. In the event of any dispute arising out of or in relation to the

    Website, you agree that the exclusive venue for resolving any dispute shall be in the

    courts of Queensland, Australia.

     

    1. Governing Law

    The Terms are governed by the laws of Queensland, Australia. Any dispute,

    controversy, proceeding or claim of whatever nature arising out of or in any way

    relating to the Terms and the rights created hereby shall be governed, interpreted and

    construed by, under and pursuant to the laws of Queensland, Australia, without

    reference to conflict of law principles, notwithstanding mandatory rules. The validity of

    this governing law clause is not contested. The Terms shall be binding to the benefit of

    the parties hereto and their successors and assigns.

     

    1. Independent Legal Advice

    Both parties confirm and declare that the provisions of the Terms are fair and

    reasonable and both parties having taken the opportunity to obtain independent legal

    advice and declare the Terms are not against public policy on the grounds of inequality

    or bargaining power or general grounds of restraint of trade.

     

    1. Severance

    If any part of these Terms is found to be void or unenforceable by a Court of competent

    jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.