Acceptance of Purchase Terms and Conditions
This Agreement is between you and Playground Princess (referred to in this Agreement as “we”, “us” or “our”). The playgroundprincess.com.au website (“the Website”) is owned and operated by Playground Princess (ABN 34497493969).
By accessing or using the Website, you agree to be bound by these terms and conditions (“Terms and Conditions”) and acknowledge and accept that you have read and understood all of the Terms and Conditions.
Whilst Playground Princess has made every effort to ensure that the information contained in the Website is correct, we cannot accept responsibility for any errors or omissions in the information contained on the Website.
By purchasing a product from this Website you expressly agree to be bound by these Terms and Conditions.
Playground Princess may vary these Terms and Conditions from time to time and any such variation will be effective immediately upon it being published on the Website. You are responsible for keeping yourself informed and up to date with any variation to the Terms and Conditions. You accept that by accessing or using the Website subsequent to any variation to the Terms and Conditions that you agree to be bound by and comply with the Terms and Conditions, as varied.
Access and Use of The Website
- You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
- You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or we may refer fraudulent or abusive or illegal activity to the relevant authorities.
- We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
Third Party Websites
The website may contain links to other third party websites. Playground Princess does not endorse or approve any material contained on third party websites.
Playground Princess makes no warranties or representations, express or implied with respect to the appropriateness, cost, quality, accuracy, merchantability or fitness for purpose of material, information, products, services or otherwise referred to on third party websites.
Information on the Website
- Information about goods on the Website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
- You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
- Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
Colours and Sizing Charts
The colours of our garments may be different to what appears on your monitor. Playground Princess cannot guarantee that the colour displayed on your monitor is accurate. The Sizing Charts are only intended to act as a guide as to body sizing and are not intended to represent garment dimensions.
Indemnity and Limitation of Liability
You hereby agree to indemnify and hold Playground Princess harmless for any losses, liabilities, damages, claims and expenses suffered or incurred by you arising out of or related to your use of the Website and any products ordered.
- To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website or our social media pages;
- you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- the quality of any product or service of any linked sites.
2. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
3. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
4. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You agree that Playground Princess is not liable to you for any losses, liability, damage, claim and or expenses arising out of or related to your use of the Website.
All of our prices are in Australian dollars (AUD). Playground Princess reserves the right to change prices at our discretion and without notice.
- Any order placed by you via this Website constitutes an offer by you to Playground Princess to purchase a particular product for the price (including the delivery and other charges) specified in this Website at the time you place your order.
- Playground Princess reserves the right to accept or reject any offer for any reason, including, without limitation, the unavailability of any product, an error or omission in the price of the product description, or an error in your order.
- No binding contract shall be formed unless Playground Princess communicates to you that it has accepted your order and that payment of the purchase price has been confirmed.
- You are responsible for all orders placed, including for any discrepancies or errors in your order caused by you.
- Orders placed by you are offers to purchase either:
- a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/merchant terms and conditions at the price specified (including delivery and other charges); or
- goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
6. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
7. We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
8. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
9. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
10. Payment methods Playground Princess currently accepts are payments via PayPal and Bank Deposit.
- Payment processing will not begin until we receive all the information we need.
- If payment is not received within 3 business days from the date that you receive your Order Confirmation, we reserve the right to cancel the transaction.
- All orders placed will receive a tax invoice via email. This tax invoice will be in the form of a PDF attachment and contain the branding and ABN of Playground Princess.
Supply and Delivery of Goods
- Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
- Please refer to our Shipping information tab on our Website for information regarding Postage and Handling Costs.
- Playground Princess retains right and title to the products you order until you have made payment in full for those products.
- Whilst all efforts are made to ensure the safe and timely delivery of products, you agree that Playground Princess does not bear the risk nor is it liable for any loss or damage to the products whilst they are in transit and that the risk of such loss or damage to products passes to you once they are in transit or are in the process of being delivered by the delivery contractor.
- We deliver to your business or residential address. Please allow approximately 2-7 working days for delivery of goods unless stated otherwise.
- Deliveries will be made via Australia Post, except where orders exceed size and weight restrictions, in which case an independent courier will be sourced at our own discretion. Some products are shipped direct from our supplier, these are outlined on our website accordingly.
- Prices listed in our Shipping category pertaining to our stated Postage and Handling Costs are subject to change at any time without notice.
- We endeavour to depict products available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
- Some products appear on our website as ‘pre-order’ or ‘back-order’, these products are currently unavailable and out of stock. You are able to place an online order via our Website and an Order Confirmation and Tax Invoice will be supplied, however, your goods will not be shipped until they are in stock with us directly or with our third party distributor / wholesaler / supplier. We will remain in contact with you, the purchaser, via email or telephone advising of shipping updates as they become available.
Returns and Exchanges
Playground Princess understands that online shopping is different to shopping the conventional way.
1. If the item is deemed to be faulty, soiled, or does not do what it is supposed to do according to product descriptions, Playground Princess may exchange or refund the purchase price on the item.
- Postage costs are not refundable unless the item is deemed faulty by Playground Princess.
- Returns must be made within 7 days of receipt of your item/s.
- All refunds will be at the sole discretion of Playground Princess after discussions with the manufacturer / product distributor.Photographic proof and a detailed description of refund reason must been provided in writing to Playground Princess.
- Once an item is returned we will either inspect your goods and investigate any claimed defect, or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you.
- Refunds are processed within 14 days of receipt of returned goods and will be made via the same payment method made – bank deposit or PayPal.
- Items need to be returned, at customer’s expense, in original packaging with tags attached, clothing must be unworn and unwashed. It is highly recommended that any returns are sent via Registered Post as Playground Princess will not be held responsible for items going astray or are damaged in the mail.
- Playground Princess takes great care in packaging your order so that it arrives at your doorstep intact and requests the same care be taken with returns. Playground Princess will not be held responsible for any damage incurred to returns whilst in the care of Australia Post or any other transportation service / method used.
2. Playground Princess reserves the right to refuse a return if the above conditions are not met.
3. Items purchased on SALE are not covered by our Returns and Exchange Policy unless deemed faulty by the product manufacturer / product distributor.
4. In the rare event that a fault or damage to your purchase is overlooked during dispatch, Playground Princess will happily exchange or refund your purchase (including postage costs).
Injury to Persons
From time to time Playground Princess will be in attendance at shows, expos, exhibits and markets for promotional purposes selling goods and providing information and resources. In instances whereby Playground Princess is in attendance at such named event types you understand that Playground Princess will not be held liable for loss or damage or injury to yourself or your property.
Applicable Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. You and Playground Princess agree to irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
- We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
- This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.