Our Pixie Friends Pty Ltd
Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Our Pixie Friends Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to change this Notice at any time. Your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will be required to provide a password.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. They create accounts for any children under 18. By creating an account, the adult user accepts responsibility for the child/ren and allows them access to the site. The adult who creates the account accepts responsibility for the behaviour of the child/ren using the account. Only adult users are permitted to purchase items, so by proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission. Items in kits may vary due to supply.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. At times, items in kits may vary in kind and colour due to availability of supplies.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- Packaging and postageshipping are additional charges, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware or cyber attacks.
- We undertake to respond to your order within 5 working days and deliver it within 28 days. If an item is out of stock, you will be notified within this time. It will be your choice whether to cancel the order or wait until the item becomes available. A company representative will contact you via email.
- Once you have submitted an order, you may not cancel that order.
- We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us within 7 days by email at [email protected] or by phone AEST 9am -5 pm Monday to Friday. Do not send items back via return post unless first instructed by a representative of the company.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information, text or illustrations on this website without our prior written permission. Teachers have permission to download and print materials for class use only.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website without permission is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial or non-commercial way without our prior written permission.
- Any comment, feedback, story, artwork, idea, comment or suggestion (called “Comments”) which you provide to us through this website or any social media site, becomes our property. We reserve the right to omit, edit, change, delete or alter information to protect children’s identity and ensure the suitability of materials being uploaded. If in future we use your Comments in promoting our website, social media or in any other way, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, stories, experiences, artworks, images or text, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Parents and carers accept responsibility for text and images submitted by their children and viewed by their children from other users’ submissions which we have chosen to upload.
- Whilst we have taken all due care in providing information on our website and social media sites, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website, our social media sites or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any content, errors or omissions in such material.
- We make no representation and give no warranties as to the accuracy or otherwise of any information contained on our website or any social media site. We do not accept any responsibility for any omissions, errors or inaccuracies of any information, text, stories, illustrations, or anything else whatsoever and will not be held liable for any loss, damage or harm arising as a result of the use of these services. Users are advised to seek medical advice from qualified medical practitioners and not to rely on, act or refrain from acting on medical advice due to any interpretation of text, illustrations, or anything else whatsoever contained within our website, social media or any published works or products.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Offer a refund.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website and social media platforms.
- If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days’ notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of QUEENSLAND and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in QUEENSLAND and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
These Terms and Conditions have been specifically drafted for, and provided to Our Pixie Friends Pty Ltd by LawLive Pty Ltd (www.lawlive.com.au).