Terms and Conditions
A Terms and Conditions (T&C) is a contract between My Perfect Event and our customer/s. Customers must agree to our terms in order to browse our site, make purchases, or use any associated services.
We do our best to make sure that our information is correct. However due to the amount of information and product provides, information can sometimes be inaccurate and is subject to change without notice, (e.g., prices, product descriptions, stock quantities).
Please note that colors of actual items may vary to that shown on the website. This can be cause by variances (beyond our control) across different devices, ie laptop, mobile phone, desk top computer etc.
Terms of Sale
We only offer our goods for sale in Australia.
Our goods are not for resale by any third parties whatsoever.
We reserve the right to accept, modify, or decline orders.
Shipping & Delivery
We use Australia Post for our shipping and delivery.
We cannot be held responsible for any delays as a result of using Australia Post.
We suggest that you leave yourself plenty of time to receive your order if you are wanting to receive the goods by a particular date. Keep in mind that busy times of the year, ie prior to Christmas can see delays in deliveries by Australia Post. Plan your purchase ahead of time so that you are not frustrated by the delivery.
My Perfect Event owns the intellectual property rights, copyright, moral rights and any other rights associated with all products and images on our website. None has the right to borrow or use our images or representations of our products without our prior written consent.
Our site content and features can only be used for ‘personal and informational’ purposes by your the customer. Otherwise, any kind of reproduction without our permission is strictly prohibited.
We reserve all rights, title and interests in our and our affiliates’ intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.
Disclaimer of Liability
We all know that things don’t always go according to plan. Product losses, damages and injuries can occur.
As such, your T&C should specify the damages that one party e.g. ecommerce store owner, will be obligated to provide to the other e.g. customer, in the event of product failure and should reflect the level of risk involved.
It will also specify what the ecommerce store owner will not be responsible for in the event of any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the customer.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price or availability on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product/s, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
Please note that any Products made available through our site are intended for non-commercial use (ie for personal use only), and purchase of any Products for resale purposes is strictly prohibited.
By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide.
We do not guarantee that our website or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update our site from time to time and may change the content at any time.
The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.
Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our site will cease immediately.
WHAT YOU AUTHORISE US TO DO
By using our site, you authorise us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms.
We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer.
DELIVERY OF PRODUCTS
We promise to pack your order ready for posting within 24 hours of receiving the order via our website.
We use Australia Post for our shipping and delivery. We cannot be held responsible for their delivery. Their service and delivery is simply beyond our control.
RETURNS AND CANCELLATION RIGHTS
Details on how you can cancel your order or return your Products (where permissible) including the address to which Products must be returned, will be provided on the checkout page, in your order confirmation e-mail and/or your Dispatch Confirmation.
We do not accept returns or request for a refund for a change of mind.
We will refund if the item is not fit for the purpose for which it is intended.
Keep in mind that our products are hand made, so you do need to be careful with the items and treat them with care. Some items may require a gentle hand wash, so don’t just throw your soft toy into the washing machine without checking first.
PRODUCT WARRANTIES AND OUR LIABILITY
Any warranty related issues arising in respect of a Product should be communicated to the My Perfect Event immediately and not exceeding 7 days from the date of purchase. In these circumstances, we will provide a refund or replace the product as appropriate in accordance with our returns/refund policy.
All product descriptions and specifications are correct to the best of our knowledge. We do not warrant the accuracy, reliability, or completeness of such description or specification. We provide no warranties, guarantees or covenants of any kind relating to the fitness, quality, safety, or inability to use, or inability to have repaired or serviced, any product purchased by you. To the maximum extent allowed by law, we disclaim all warranties, express or implied, relating to fitness, quality, or safety of the product, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permitted at law, we will not be liable (whether in contract, tort (including, but not limited to negligence), or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with any products purchased or obtained, whether or not we have been advised of the possibility of such damage. Our maximum liability to you is the amount charged to your credit card (or other form of payment). Despite anything else contained in these terms. Neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or authorised representatives.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site and/or bringing court proceedings against you.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.