Terms and Conditions
Introduction
Welcome to Bertwistle Holdings and thank you for shopping with us.
These Terms and Conditions govern the use of garybertwistle.com (and garybertwistle.com.au) ("the
website") and the purchase of any goods from it. The website is owned and operated
by Bertwistle Holding. If you need more assistance you can always
contact us via email info@garybertwistle.com
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be
bound by its terms, conditions, disclaimers and limitations of liability ("Terms
and Conditions"). Bertwistle Holdingsreserves the right to amend or update
such terms, conditions, disclaimers and limitations of liability at any time without
providing notice to you. By using the website, you acknowledge that you have read
and understood these Terms and Conditions.
Limitation of Liability
Any liability of Bertwistle Holdings or its Associates
in connection with goods or services supplied to you will, subject to any non-excludable
liability for breach of conditions or warranties implied by legislation and to the
maximum extent permitted by law, at the election of Bertwistle Holdings
be limited to: in relation to goods, the replacement or repair of the goods, the
supply of equivalent goods, the payment of the cost of replacing or repairing the
goods or the payment of the cost of obtaining equivalent goods; and in relation
to services, the supplying of the services again or the payment of the cost of having
the services supplied again.
Disclaimer
The information contained on the website is provided by Bertwistle Holdings
in good faith. To the best of Bertwistle Holding's knowledge, the information
is accurate and current. However, Bertwistle Holdings and its related bodies
corporate, any of their directors, officers, employees, consultants or shareholders
("Bertwistle Holding's Associates") do not make any representation or
warranty as to the accuracy or completeness of the information. To the fullest extent
permitted by applicable law, Bertwistle Holding disclaims all representations
and warranties, express or implied, including but not limited to implied warranties
of merchantability and fitness for a particular purpose and non-infringement. Bertwistle Holding's
makes no warranty that this website, any information or
ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Bertwistle Holding does not control
other users of this website, the providers of information or ideas to this website
or the suppliers of goods and services purchased from this website, and Bertwistle Holding
is therefore not liable for their opinions or their behaviour,
including any information or advice provided by them or any defamatory statements
made by them or any offensive conduct on their part. You further acknowledge and
agree that, subject to the section dealing with "Limitation of Liability", Blue
Moon's Creative Toolbox will not be liable to you or any other person for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to damages for product liability, personal injury or negligence resulting
from use of goods or services supplied to you, or on behalf of you, through the
website.
Copyright
Copyright in the website is property of Bertwistle Holding. Material on this website also comprises copyright material,
trademarks and registered trademarks which are the property of Bertwistle Holding and third parties. This property may only be used for the purposes of browsing the website and acquiring goods and services
of provided by the website.
Applicable Law
These Terms and Conditions are governed by the laws in force in New South Wales,
Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of New South Wales, Australia and any courts, which may hear appeals
from those courts.
Information Provided by You
If you purchase goods and services from Bertwistle Holding, we may require you to provide your name, address,
email address, credit card number or other details ("customer information"). We
may subsequently require further details to enable the processing of any orders
that you make. You agree to provide Bertwistle Holding with current, complete
and accurate customer information when asked to do so by the website or an employee
of Bertwistle Holdings.
Virus Warning
All care is taken to ensure that Bertwistle Holdings and
data transmissions are free from viruses. However, it is your responsibility to
scan any such data for viruses.
Privacy
We treat all customer information in accordance with our Privacy Policy. Our Privacy
Policy constitutes part of these Terms and Conditions:
Privacy Policy
At Bertwistle Holding, we would like to assure you that we take
your information and privacy very seriously. The following is a description of what
we do and don't do with your details. Information you provide to process your order, would include information such as your name, email
or contact number, delivery address and payment details. Other information will
also be collected with your permission from time to time. This will normally include
preferences such as likes or dislikes. Outside of information that you enter on
the web site, we also receive and store certain types of information when you interact
with the website and this is provided through the use of Cookies.
What are Cookies?
Cookies are alphanumeric identifiers that are placed on your computer's hard drive
through your web browser. Cookies enable our systems to recognise your browser and
welcome you back to the Store. By disabling cookies, you will not be able to participate
in some of the features offered by the website. Most Internet
browsers are pre-set to accept cookies. If you prefer not to receive cookies, you
can adjust your Internet browser to disable or to warn you when cookies are used.
As there are many browsers in the marketplace, the easiest way to change your settings
is by searching for Cookies in your Help/Contents and Index option on your browser.
We recommend that you leave your Cookies enabled otherwise, you will not be able
to shop with us. Our cookies don't send us back any information about your computer
or any other information on your hard drive.
How do we use the information?
Information that you have provided us will be used in three ways: To enhance your
shopping experience, to communicate new products and services to you and also at
times, the opportunity to up take on special promotions or offers. You have the
option to opt-out of this communication by replying to the communication with an
unsubscribe message or to change your preferences through My Account. It is important
to note that we only send periodical communications to people who have "opted in"
to receive it. We do not set out to "spam" our members in any way and honour their
right to privacy.
Disclosing Your Information Partners
Third party companies and individuals have been engaged to perform functions on
behalf of Bertwistle Holdings. Functions such as fulfilling and delivery
of purchases, credit card payment authorisation, trend analysis, marketing and promotions,
but all information will only be used to perform their appropriate functions and
not for other usage.
Authorities
Bertwistle Holding will pass on any information relating to suspected
fraudulent activity to appropriate authorities
Verification of Members
We do use various details to verify information given to us by our members. At times,
we use: names on member accounts to compare with information on credit cards we
use member phone numbers and email addresses provided to us to communicate with
customers about payments we use member addresses to check against credit card billing
addresses etc. In cases where fraud or other crime is suspected, we do communicate
with Police, Banks and other relevant authorities Many of these checks are done
manually and communication is handled carefully by a member of Blue Moon Creative
Pty Ltd's own staff.
Lost login and Password details
All information is kept private. Many members often forget details such as their
passwords. We do not distribute these either via telephone or email. The customer
is informed of their "Password reminder" rather than the actual password being given
out.
Information Security
All credit card information submitted to the website is
secured using Secure Sockets Layer (SSL) software with 128 bit security. Information
sitting on the the website website is protected by state-of-the-art
encryption and firewall technology
Accessing Your Information
Personal information provided by you can be viewed and changed by you if information
provided is incorrect or out of date.
Other Privacy information you should be aware of
Sign out or close your browser once you have finished shopping within the website online store. This is to ensure that others cannot access your personal
information and correspondence. If you share a computer with someone or are using
a computer in a public place like a library or Internet café, you as an individual
are responsible for the security of and access to your computer. You are solely
responsible for maintaining the secrecy of your username and passwords and any account
information. Please be careful and responsible whenever you are using the Internet
and the website Further Privacy information can be obtained
on the Australian Privacy Commissioner's Web Site
Membership
A website member may not have more than one active membership,
whether this is by use of name, email address, an alias or combination thereof.
Membership accounts are non-transferable. You may update,
edit or terminate your membership account at any time. You agree to maintain and
update the information as supplied by yourself to ensure accuracy at all times.
As a website member, you are responsible for maintaining the
confidentiality of your own membership account and password. You agree to take responsibility
for all activities that occur under your membership account and password.
Product Information
Prices of goods and services and delivery and other charges displayed on the website are current at the time of display. These prices are subject to variation
without notice. We will always attempt to be as accurate as possible with our product
descriptions and pricing. However, we are unable to warrant that product descriptions
or other content of the website is accurate, complete, reliable, current or error
free.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Bertwistle Holding
is satisfied with the integrity of the order. Without limiting the operation of
any other Terms and Conditions herein, Bertwistle Holding is not
responsible for any loss or damage caused by late delivery or cancellation of an
order or a product. Placement of an order by you constitutes an offer to enter into
an agreement with us ("your offer"). We will email you an Order Confirmation for
the sole purpose of confirming the details of your offer. Please note that our Order
Confirmation does not constitute an acceptance of your offer or reflect the status
of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts,
remove or edit content or cancel orders (or part thereof) at our sole discretion
at any time. Without limiting the operation of any other Terms and Conditions herein,
we will not be held liable for loss or damage arising from the exercising of these
rights.
Cancellation by You
If you need to cancel an order, please contact us immediately on +612 93564788. Our
agreement with you only comes into existence once we have both confirmed your order
and your payment has been processed. Once we have accepted payment for an order,
cancellation of the order is within our sole discretion. Orders that cannot be cancelled
will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at the time
of ordering. Should you enter the wrong address, we are not obliged to re-send the
order to the correct address at our expense. We will provide you with an estimated
date for delivery of all parcels. While we make every effort to deliver by this
time, all dates specified are estimates only. We have aligned ourselves with courier
partners who we believe will always do their best to deliver products by the estimated
delivery date. It is the responsibility of the customer to inform Bertwistle Holdings
if an order does not arrive. Once we learn an order has not arrived by the due date,
we will lodge enquiries with the courier to ensure delivery occurs as soon as possible.
We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement
item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, we will
not accept liability for any loss or damage arising from a late delivery. Without
limiting the operation of any other Terms and Conditions herein, you agree that
late delivery does not constitute a failure of our agreement, and does not entitle
you to cancellation of an order. Without limiting the operation of any other Terms
and Conditions herein, we will not accept liability for any loss or damage arising
from items lost, stolen or damaged after delivery has taken place.
Returns and Exchanges
You or the recipient of an order may return an item that has been purchased from
the website because you have changed your mind or are unhappy
with a product. If you return goods via an Australia Post Office, please keep the
appropriate proof of return. Otherwise, if the returned item goes missing in transit
to us, we will deem you not to have returned the item. It is your responsibility
to ensure the goods are adequately packaged to ensure that they are not damaged
during return transit. Except where required by law, all returned products must
be: Unused, unopened and in original condition, undamaged and returned within 30
days of delivery In a saleable condition upon return.
Goods Damaged or Faulty on Delivery
Except where required by law, you must return damaged goods within 14 days of receipt.
If a product is later deemed to be faulty, normal warranty conditions for that product
apply. It is the recipient's responsibility to incur all costs and to follow warranty
instructions as stated on the product warranty card as specified by the manufacturer.
In the event that you receive a defective or damaged product, we will refund the
original product price, delivery, wrapping and other fees via the original method
of payment. Alternatively, if you request a replacement, we will despatch your replacement
item (subject to availability) once we receive the return, at our cost. Please note
that all products that are found to be non-defective will incur the delivery costs
of returning the item to Bertwistle Holdings.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to Bertwistle Holdings
promotions and competitions are incorporated into these terms and conditions. Unless
expressly stated, to the extent that the other Terms and Conditions are not incompatible
with the Terms and Conditions herein, the other Terms and Conditions will be in
addition to the terms & conditions herein. To the extent that the other Terms and
Conditions are incompatible with the Terms and Conditions herein, the other Terms
and Conditions shall prevail. Should you object to any of these Terms and Conditions
(including any subsequent amendments), you must immediately discontinue using this
website.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future
against Bertwistle Holdingsand its Associates
which relate to or are incidental to any transaction. You agree to indemnify and
hold Bertwistle Holdingsharmless from and against any and all claims,
loss or expense that may be incurred by Bertwistle Holdingsor its Associates which relate to or are incidental to the performance
of its duties as described in these Terms and Conditions including all costs of
defending itself against a claim by any other person and/or as a result of you taking
any action or refraining from taking any action or instituting or defending any
action or legal proceeding. You further agree to indemnify and hold Bertwistle Holdingsand its Associates harmless from any
claim made by any third party due to or arising out of your use of this website,
the violation of these Terms and Conditions by you, or the infringement by you,
or other users of this website using your membership account, of any intellectual
property or other right of any person or entity.