Introduction
The conditions of use of the website include these terms, the Shopping Terms and Conditions (below) and our Privacy Policy, and any other terms and conditions that appear in or are linked to or from the Site (Terms). These Terms govern your use of, and access to, the Site.
Content
The Site and its content are subject to copyright, and other intellectual property rights. These rights are owned by bhumi & pari (ABN 64 635 098 977), or in the case of some material, a third party, where the third party has provided permission to use the content.
You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.
Our Site includes registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent or any third party’s trade marks without their consent.
The Site may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
Use of site
You must not misuse this Site and only use it for lawful purposes. You will not use the Site (including any of bhumi & pari’s social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:
- breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes
- interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Site
- is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings
- commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful e. that hacks or disables any part of the Site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site
- provide false information when registering or changing your registration details
bhumi & pari will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Sites linked to it.
Social Media
bhumi & pari uses a number of social media sites (e.g. Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Site may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
Third party social media sites will also be governed by their own particular terms of use.
bhumi & pari does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on the Site or bhumi & pari’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
Users must not post or upload any comment, content or link to the Site or bhumi & pari’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory
bhumi & pari may moderate user-posted content and may remove any content that, in bhumi & pari’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.
bhumi & pari does not undertake to inform users when such content has been moderated or removed. bhumi & pari may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
Where you post or submit content to a Site, you warrant that you:
- Have the permission of the person/s appearing in the content to submit it to the Site, and for them and their image or likeness to be subject to these Terms, including use by bhumi & pari and bhumi & pari’s Privacy Policy
- Have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));
- bhumi & pari may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving bhumi & pari) at any time in the future, and via any media;
- bhumi & pari does not accept any responsibility or liability where content is downloaded from the Site, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and bhumi & pari does not accept any liability for such actions; and
- Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by bhumi & pari to conduct campaigns, research and marketing activities (including informing you about special offers from bhumi & pari, and to become part of databases maintained by bhumi & pari or its associated entities), and otherwise be used in accordance with bhumi & pari’s Privacy Policy.
Privacy
See the bhumi & pari’s Privacy Policy
Cookies
Cookies are small pieces of information captured when your device is used to access online content. bhumi & pari’s Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may not be able to fully experience all features of the Site.
Liability
bhumi & pari makes no representations or warranties of any kind, express or implied as to the operation of our Site or the information, content, materials or products included on our Site, except as otherwise provided under applicable laws.
Neither bhumi & pari, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our Site or sites linked to our Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
You assume all risk of use of all features of a Site. You release bhumi & pari of all responsibility for any consequences of their use.
By continuing to access our Site you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
Our site and its contents are provided to you on “as is” basis; our Site may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Site will always be available or fault- or virus- free
Updates & termination
bhumi & pari may vary these Terms at any time. By continuing to use the Site you consent to any variations. It is your responsibility to regularly check these Terms for any variations.
At any time, we may, in our sole discretion, suspend or terminate the access to the Site for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.
bhumi & pari may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Site breaches these Terms, or any applicable laws.
bhumi & pari may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief.
Jurisdiction
These Terms and the Site are governed by and construed in accordance with the State of Queensland, Australia. If a dispute arises from these Terms, you agree to submit to the nonexclusive jurisdiction of the courts of Queensland, Australia, except in relation to application for any injunctive relief sought by bhumi & pari.
The Site may be accessed in Australia and overseas. We make no representations that the Site comply with the laws (including intellectual property laws) of any country outside. Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Shopping Terms and Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website and or in person at a bhumi & pari market stall, and form a contract between you and bhumi & pari ABN 64 635 098 977 of Ridge St, Highgate Hill, Queensland Australia 4101 (bhumi & pari) (Terms). If you have a signed up for a customer account (My Account) via our website, you agree that these Terms (as amended from time to time) will apply to all of your Orders.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
Other important terms may also apply to your Order, such as the bhumi & pari’s Privacy Policy, or specific terms for certain Goods as identified in the product description field on the Website.
Compliance with Terms
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and bhumi & pari for the supply of Goods.
Placing Orders for Goods
You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
From time to time, bhumi & pari restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
If you are purchasing using Afterpay, the maximum order value is $1000, minimum $1 (incl GST) – inclusive of delivery charges (if applicable).
bhumi & pari will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
You agree to obtain consent to provide bhumi & pari with Personal Information of recipients of gifts or Goods Ordered by you.
You may Order from bhumi & pari if you are aged 16 years or over (18 years if purchasing using using Afterpay), and have an active email account or a telephone number at which you can be contacted.
If you place consecutive or separate Orders, we may not be able to consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
bhumi & pari reserves the right to accept or reject your Order for any reason at any time. If bhumi & pari rejects your Order you will receive a refund of any money paid.
Your Order becomes a sale when your Order is dispatched and bhumi & pari has issued you a Tax Invoice.
Availability of Goods
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. bhumi & pari will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
bhumi & pari reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and bhumi & pari Online will fulfill the remainder of your Order. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us under the Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
You acknowledge and agree that:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- where we provide sizing, dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
Price and payment
When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
bhumi & pari reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error).
Payment methods are specified on the Website at the time you place your Order. They may include, credit card, PayPal or Afterpay. The name on any credit card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for purchases made in person at a bhumi & pari market stall, but not for Orders placed through the Website. Cheques cannot be used as a payment method for any purchases from bhumi & pari, including Orders. If you pay using Afterpay, the Afterpay prevailing terms and conditions apply. View Afterpay terms at http://www.afterpay.com.
Any payment for an Order must be cleared by bhumi & pari before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
Lay-by is not available for Orders.
Delivery
Delivery options and conditions are outlined above.
Order cancellations and returns
Unless provided for under these Terms or as otherwise agreed by bhumi & pari, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
bhumi & pari will process any refunds within a reasonable time of agreeing to do so.
If the original payment was made:
- on a credit card, refunds will be processed on the same card as the original payment was made.
- using Afterpay, refunds will be processed back to the account through Afterpay
- using PayPal, refunds will be processed back to the account through PayPal
For in person at a bhumi & pari market stall purchases, where you paid in cash or by EFTPOS, you can obtain a refund by contacting us by email on info@bhumiandpari.com
Promotions and discounts
The Goods, Prices, and promotions offered on the Website may not be the same as those in in person at a bhumi & pari market stall. bhumi & pari does not price match.
You may receive online offers and promotions, whether mailed to your home, distributed in person at a bhumi & pari market stall, with your Order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
All references to times in promotions are based on the local time in Brisbane, Australia unless stated otherwise.
Privacy
Personal Information, which you provide to us during the Order, In-Store Order process or through the Customer Service Centre including contact details, will be kept, used and disclosed by us in accordance with bhumi & pari’s Privacy Policy for the purpose of processing and delivering your Order. See bhumi & pari’s Privacy Policy for further information on how to access or update your Personal Information.
We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
Unless otherwise indicated in your My Account settings or at the time you placed your Order, bhumi & pari may send you marketing information.
If you wish to change or update your online My Account information (including your email address, password or communication preferences), simply login to your My Account.
bhumi & pari reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
Risk & Liability
Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when purchased in person at a bhumi & pari market stall.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
bhumi & pari excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
You represent and warrant to bhumi & pari that bhumi & pari will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Termination
We may, at our discretion, terminate the agreement for the supply of Goods to you:
- for convenience, at any time, on giving notice to you; or
- immediately if bhumi & pari reasonably believes that you have breached these Terms and:
- that the breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
General
See bhumi & pari’s Website Terms and Conditions for further information on trade marks, copyright and other applicable terms.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by bhumi & pari to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by bhumi & pari does not preclude its future exercise or the exercise of any power or right.
The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in West End, Queensland.
Definitions
The following definitions apply to these Terms.
bhumi and pari market stall means a physical market stall held at a third party market or a pop-up shop held at a third party premises where you can purchase bhumi & pari Goods.
Business Day means a week day in which trading banks are open for the transaction of banking business in West End, Queensland.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by bhumi & pari to deliver Goods.
Delivery Fee means a fee for the delivery of Goods.
Goods means the items offered for sale on the Website or in person at a bhumi and pari market stall.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
My Account means your bhumiandpari.com online My Account through which you can facilitate your Order.
Order means a request by you to purchase Goods from bhumi & pari under these Terms (whether through the Website or in person as a bhumi & pari market stall).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website, on the In-Store Order confirmation or provided by a Customer Service Centre representative.
Privacy Policy means the bhumi & pari Privacy Policy.
Returns Policy means the bhumi & pari Returns Policy.
Website means the site available from bhumiandpari.com.au
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our and bhumi & pari means bhumi & pari (ABN 64 635 098 977).
You and Your means you as the purchaser of Goods from bhumi & pari pursuant to these Terms.