Terms And Conditions
1. Terms of Website Use
The Terms of Use
First Fruits Real Estate Pty Ltd t/as Blessed Bubs ("Blessed Bubs") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.
Ownership of Website and Content
Blessed Bubs owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Blessed Bubs. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Blessed Bubs or of the relevant trade mark owner.
Non-excludable Rights
For the purposes of these Terms and Conditions, Non-Excludable Rights means any rights you may have under any applicable law (including the Australian Consumer Law) that cannot be excluded, restricted or modified by agreement of the parties.
Security
Subject to the Non-Excludable Rights, Blessed Bubs does not guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website, except to the extent caused or contributed to by the negligence of Blessed Bubs.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Blessed Bubs provides such information and hyperlinks for your convenience only but is not responsible for and does not endorse the content of any such information or website.
Revisions
Blessed Bubs may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately upon posting to, or removal from, the website. Your continued use of the website thereafter constitutes your acceptance of any revised terms to the website, these Terms of Use or the Terms of Purchase. If you do not agree to any revisions, then you must immediately stop using the website. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.
Liability
Blessed Bubs provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Subject to the Non-Excludable Rights, Blessed Bubs will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website, except to the extent caused or contributed to by Blessed Bubs' negligence.
Your Privacy is Important
We are committed to protecting the privacy of everyone who shops or interacts with us. Blessed Bubs' Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".
Governing Law
Blessed Bubs operates this website from its offices within Australia. The laws of the State of New South Wales govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.
2. Terms of Product Purchase
The Agreement
In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Blessed Bubs products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Blessed Bubs once Blessed Bubs accepts an order. Each accepted order is a separate agreement.
Customer Application
You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Blessed Bubs if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password, except to the extent unauthorised access is caused or contributed to by Blessed Bubs' negligence.
Orders
You place an order with Blessed Bubs by selecting products and pressing the "place an order" button on the checkout page. Blessed Bubs reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Blessed Bubs at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Blessed Bubs upon Blessed Bubs acknowledging such order or failing to reject such order within 14 days. We accept orders from mainland Australia, Tasmania, Ireland, New Zealand, United Kingdom, and the United States of America.
Product Availability
Blessed Bubs uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Blessed Bubs may need to reject an order you have placed for a product where Blessed Bubs establishes that it is actually unavailable for delivery. In such cases Blessed Bubs will refund in full all amounts you paid in respect of such unavailable product. Blessed Bubs cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
Payment
You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa. Products may not be purchased using Afterpay.
Variation of Products and Price
Blessed Bubs may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary on those found on this website.
Delivery
Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Blessed Bubs' Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Blessed Bubs provides delivery. Orders will not be processed for delivery to an address in a suburb not in Blessed Bubs' delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Returns
Return claims (including for replacement products, refunds or credits) are detailed in Blessed Bubs' Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
3. Customer Product Review terms and conditions
These Terms of Use govern your conduct associated with the Product Review service (the "PR Service") offered by Blessed Bubs. To the extent of any conflict between Blessed Bubs' Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.
By submitting any content to Blessed Bubs, you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto;
all "moral rights" that you may have in such content have been voluntarily waived by you;
all content that you post is accurate;
you are at least 18 years old;
use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify Blessed Bubs (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party, except to the extent caused by Blessed Bubs.
For any content that you submit, you grant Blessed Bubs (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Blessed Bubs' sole discretion. Blessed Bubs reserves the right to change, condense or delete any content on Blessed Bubs' website that violates the content guidelines or any other provision of these Terms of Use. Blessed Bubs does not guarantee that you will have any recourse through Blessed Bubs to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Blessed Bubs reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Blessed Bubs, are responsible for the contents of your submission, except to the extent that Blessed Bubs has edited the content you have submitted.
None of the content that you submit shall be subject to any obligation of confidence on the part of Blessed Bubs, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Blessed Bubs and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.