TERMS & CONDITIONS
TERMS AND CONDITIONS
This webpage, together with the documents referred to on it, outline the terms and conditions (Terms and Conditions) on which Little Bear Prints ABN 90 778 214 415 (Little Bear Prints) will supply any of the products (Product) listed on our website www.littlebearprints.com.au (Site) to Customers. Please read these Terms and Conditions carefully before ordering any Products from the Site.
By placing an Order using the Site, the Customer agrees to be bound by the following Terms and Conditions.
To place an Order, the Customer must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Little Bear Prints.
Acknowledgement means our email acknowledgement to the Customer that an Order has been received.
ACL means The Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Additional Charges means taxes, duties, excises and such other costs imposed on the import and export of any Product;
Australian Privacy Principals, Credit Provider, Credit Reporting Body, Personal Information and Sensitive Information have the meaning prescribed to them in the Privacy Act 1988 (Cth).
Consequential Loss means loss of revenue, profits or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages.
Consumer has the meaning prescribed to it in the ACL.
Confirmation Email means our email to the Customer, in which Little Bear Prints accepts the Customer’s Order and confirms that payment has been made in accordance with clause 7.
Customer means an individual who places an Order.
GST has the meaning prescribed to it in the A New Tax System (Goods and Services and Services Tax) Act 1999 (Cth) (as amended).
Intellectual Property Rights means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests.
Law means any relevant federal, state or local statute, ordinance, rule, regulation or standard, and includes the ACL, as amended from time to time.
Order means an order submitted using the Site by the Customer for the supply of Products.
Promotional Code means a code given to a Customer to access promotions & discounts through the Site.
Price means the price inclusive of GST (if any) for the Product the subject of an Order as advertised on the Site.
Shipping means the price inclusive of GST (if any) for shipping any Products as advertised on the Site.
PURPOSE & APPLICATION
These Terms and Conditions apply to, and are expressly incorporated into, any Order for the supply any Product by Little Bear Prints to the Customer.
These Terms and Conditions are governed by & construed in accordance with the laws of Victoria, Australia.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law. If any provision of these Terms and Conditions is invalid under any Law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect, then it is to be severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to have full force and effect.
The Customer may place an Order on the Site using the shopping cart.
Upon placing an Order, the Customer will receive an Acknowledgment. An Acknowledgement does not mean Little Bear Prints has accepted any Order or any Product the subject of an Order has been dispatched.
An Order is accepted when payment for the Order is processed by Little Bear Prints.
The Customer should receive a Confirmation Email within 24 of the Acknowledgement.
If a payment has been processed and the Customer has not received an Acknowledgement or Confirmation Email within 24 hours, the Customer should contact customer service on email@example.com.
AVAILABILITY OF PRODUCTS
The Site indicates whether a Product is currently available to be supplied by Little Bear Prints.
If a Product is shown as available on the Site at the time of an Order is placed by a Customer and the Product becomes unavailable for any reason or unable to be dispatched, the Customer may:
if the Order comprises more than one Product, accept the Product which is available and receive a refund of the Price paid for the Product which is no longer available or able to be dispatched; or
nominate a substitute Product that is of equal or less value to the Product which is no longer available and receive a refund for the difference between the Price paid and the price of the substitute Product; or
nominate a substitute Product that is of greater value to the Product which is no longer available and make payment of the difference between the Price paid and the price of the substitute Product; or
cancel the Order in full and receive a full refund of the Price and any Shipping paid.
Little Bear Prints reserves the right not to honour any incorrect offers represented on the Site made by genuine human or system error.
The Customer acknowledges and agrees that all pictures and images of any Product displayed on the Site are for illustrative purposes only.
Prices are exclusive of all other charges except to the extent that they are expressly included in the Price. For the avoidance of doubt, Shipping is charged in addition to the Price and is specified on the shopping cart page when placing an Order.
In addition to any amounts paid when placing an Order, the Customer will be responsible for all Additional Charges which may arise from the Order and as described under the heading ORDERS.
Little Bear Prints reserves the right to alter the Price without notice to the Customer, and such altered Price will apply to all future Orders placed by the Customer, but not to any Order the Customer submitted prior to the alteration.
The Customer will pay for the Price in accordance with any of the methods specified on the Site.
By paying by credit card, the Customer authorises Little Bear Prints to debit their nominated card an amount equivalent to the Price and Shipping (if applicable).
By paying using paypal, the Customer authorises Little Bear Prints to debit their account an amount equivalent to the Price and Shipping (if applicable).
The Customer acknowledges and agrees that a payment of the Price and Shipping will be cleared by Little Bear Prints before the Product is dispatched. If payment cannot be processed, an Order will be cancelled.
INTERNATIONAL CUSTOMS CHARGES
The Customer is responsible for the payment of any Additional Charges which may be incurred as a result of shipping the Product outside of Australia. Additional Charges include any duties, taxes or customs charges applied to the importation of the Product and other such fees which may be incurred as a result of international shipping.
Little Bear Prints may, from time to time, offer promotional discounts & special offers by providing a Customer with a Promotional Code.
A Customer may redeem a discount or offer by entering the Promotional Code in the 'promo code' section of the Site’s shopping cart. The promotion or discount will then be deducted from the Price.
A Promotional Code is valid for one use, unless otherwise specified, and must be used prior to its expiry date.
The Customer acknowledges and accepts that the Promotional Code must be entered at the time an Order is placed and Little Bear Prints will not apply a Promotional Code to an Order after it has been placed.
If Little Bear Prints has reason to believe that it will be unable to supply an Order to the Customer within a reasonable time or at all due to circumstances beyond its reasonable control, Little Bear Prints may, without penalty, cancel the Order, in which case, Little Bear Prints will refund the Customer the Price and any other fees already paid in respect of that Order.
CANCELLATION BY CUSTOMER
If a Customer cancels an Order prior to dispatch by Little Bear Prints in accordance with these Terms and Conditions, the Customer is entitled to a refund of the Price paid.
If a Customer cancels an Order after dispatch, Little Bear Prints, in its sole discretion, may refuse to provide a refund of the Price paid unless required to do so pursuant to the ACL or any other Law.
RETURNS AND REFUNDS
At Little Bear Prints we want our customers to be completely satisfied with the quality of our creative art journals and other printed products. Therefore please refer to the Refund and Returns Policy.
In the event the Customer receives a defective Product, the Customer must notify Little Bear Prints of any such claim within the manufacturer’s warranty period.
Any returned Product must be in original condition with tags attached, unless the item is defective.
Products cannot be returned if they are damaged by the Customer or where the Product is damaged as a result of normal wear and tear by the Customer.
Returns must be addressed to:
Little Bear Prints, PO Box 3143, Ivanhoe North, VIC 3079
Little Bear Prints recommends sending returns via registered post as Little Bear Prints does not accept responsibility for lost items.
Gift cards and a Promotional Code cannot be applied to exchanges, exchanged or redeemed for cash.
If a Product can be returned under this clause or under the Refund and Returns Policy, Little Bear Prints will process a refund for the Price paid at the time of the Order.
To the extent permitted by Law, Little Bear Prints reserves the right to deny a refund if Little Bear Prints determines that the Product is not returnable once assessed.
If a returned Product is denied a refund, Little Bear Prints reserves the right to return the Product to the Customer.
No refunds will be provided for Additional Charges or Shipping.
SHIPPING AND DELIVERY
The Customer agrees to their details being disclosed to the third party couriers for the purpose of delivery of the Product.
The delivery times made known to the Customer are estimates only and Little Bear Prints is not liable for late delivery or non-delivery.
Little Bear Prints will not be liable for any loss, damage or delay occasioned to a Customer arising from late or non-delivery or late installation of the Product.
Little Bear Prints may deliver an Order to a Customer in any number of instalments.
If Little Bear Prints delivers an Order by instalments, and any one of those instalments is defective for any reason this does not constitute a repudiation of the Terms and Conditions.
Due to international laws and regulations, Little Bear Prints must adhere to certain shipping restrictions. If a Customer places an Order for a Product that Little Bear Prints is unable to ship to the Customer’s country, Little Bear Prints is unable to accept and ship the Customer’s Order.
LIMITATION OF LIABILITY
Unless such liability cannot be excluded by virtue of the Law, Little Bear Prints will not be liable in any circumstances for any loss (including Consequential Loss) or damage:
to any property or person whatsoever arising from the supply, or delay in supply, of the Product; or
to any person arising from the failure to supply as a result of:
a. the Customer providing an incorrect delivery address; or
b. the Product being left at a delivery address that is unattended at the time of delivery where the Customer has authorised delivery.
For the avoidance of doubt, Little Bear Prints is not responsible to a Customer for any loss or damage to the Product in transit caused by any event of any kind or by any person (whether or not Little Bear Prints is legally responsible for the actions of that person).
To the extent permitted by Law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in this Terms and Conditions are expressly excluded.
If the Customer is not a Consumer, to the full extent permitted by Law:
Little Bear Prints will not be liable in any circumstances for any loss or damage (including Consequential Loss) to the Customer or any property or third party whatsoever arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product; and
Customers shall indemnify us against any claims arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product.
Neither party will be liable for any failure or delay in the performance of their obligations under these Terms and Conditions, except an inability to pay any money when due, where such failure or delay is caused by an event or circumstance which is beyond their reasonable control, could not be overcome by the exercise of reasonable care and could not have been reasonably foreseen.
The Customer acknowledges and agrees that the Intellectual Property Rights in any software or content published or otherwise available to the Customer via the Site is owned by Little Bear Prints or is used under licence and is protected under the laws of Australia and through international treaties. Any Intellectual Property Rights of the Customer will remain with the Customer.
Whether before, during or after the expiry or termination of these Terms and Conditions, Customers will:
not do anything which may conflict with our ownership or protection of any Intellectual Property Rights owned by Little Bear Prints or our licensors; or
not use, disclose, reproduce, publish, copy, perform, communicate, exhibit, show, broadcast or adapt any Intellectual Property Rights owned by Little Bear Prints, without the authorisation of us or our licensors as applicable.
Whether before, during or after the expiry or termination of these Terms and Conditions, Little Bear Prints will:
not do anything which may conflict with the Customer’s ownership or protection of any Intellectual Property Rights owned by the Customer or its licensors; or
other than for the purposes of supplying the Product to the Customer, not use, disclose, reproduce, publish, copy, perform, communicate, exhibit, show, broadcast or adapt any Intellectual Property Rights owned by the Customer, without the authorisation of the Customer.
Information supplied by a party to the other party is confidential except to the extent that it becomes public knowledge, and will not be disclosed to a third party without the written consent of the party who originally supplied the information, or as required by Law.
These Terms and Conditions may be amended by Little Bear Prints from time to time and if the Customer does not cancel its current Order within 5 days of receiving a notice of amendment, or places a further Order after receiving such notice, the Customer will be deemed to have accepted these Terms and Conditions, as amended, and they will apply to each current and future Order.
Little Bear Prints complies with the Privacy Act 1988 (Vic) and is bound by the Australian Privacy Principles and Credit Reporting Privacy Code dealing with the collection, use and storage of Personal Information, Sensitive Information and Credit Related Information.
A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right.