The following terms and conditions apply to all visitors and users of the BONDI BORN website (including all associated domains and subdomains, but not limited to bondiborn.com, au.bondiborn.com, us.bondiborn.com, eu.bondiborn.com, etc.).
By using this website you will be bound by all of the subsequent rules and regulations.
In the event that a violation of these terms and conditions occur, The Brand Republik Pty Ltd (trading as BONDI BORN) reserves the right to seek all remedies available by law and in equity.
Unless otherwise stated, the BONDI BORN website (herein after referred to as the “website”) and all of its contents (including without limitation all text, photographs, images, video and audio) are exclusive property of The Brand Republik Pty Ltd (herein after referred to as “BONDI BORN” or “we”) and are protected by copyright, trademark, trade dress and other laws.
BONDI BORN is an Australian based fashion brand. However, all products and services displayed within the US website (us.bondiborn.com) are in US dollars (USD), unless otherwise stated.
1. ACCESS AND USE OF THE WEBSITE
1.1 You must only use the website in accordance with these Terms and Conditions and any applicable law.
1.2 You must not (or attempt to):
(i) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the website or the servers or networks that host the website;
(ii) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the website; or
(iii) interfere (or attempt to interfere) with security-related or other features of the website.
1.3 To place orders and access some features of the website, you are required to register for an account with us. To register an account, you must:
(i) give us accurate and current personal information including your name, address, and a valid email address.
(ii) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
1.4 You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.5 You must not use another person’s account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
1.6 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.
1.7 You must not link to our website or any part of our website in a way that damages or takes advantage of our reputation, including but not limited to
(i) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(ii) in a way that is illegal or unfair.
2. INFORMATION ON THIS WEBSITE
2.1 The website and the content on the website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to BONDI BORN.
2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the website, including but not limited to its software or HTML code, scripts, text, artwork, photography, audio and video excerpts, except as permitted by statute or with BONDI BORN’s prior written consent.
2.3 Due to photographic and screen limitations associated with the representation of products, some products 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 are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
3.1 When making an order, you must follow the instructions on the website as to how to make your order and for making changes to your order before you submit it.
3.2 Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the website) the price you must pay including GST (where relevant) and any other charges. Unless otherwise stated all charges are in US dollars (USD).
3.3 You must pay for the order in full at the time of ordering by one of the payment methods we provide on the website. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase.
3.4 If you discover that you have made a mistake with your order after you have submitted it to the website, please contact us as soon as possible via firstname.lastname@example.org. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
3.5 When you place an order, you will receive an order confirmation via email, from BONDI BORN. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation via email, from BONDI BORN. We are not obliged to supply the product to you, until we have accepted your order, indicated by the shipping confirmation email. We may in our discretion refuse to accept an order from you for any reason, including but not limited to:
(i) unavailability of stock or we may offer you an alternative product (in which case we may require you to resubmit your order);
(ii) if you are a stylist, a blogger or an influencer, we require you to utilise our services direct with ourselves or our country-specific PR forum. If you email email@example.com, firstname.lastname@example.org or email@example.com, the relevant person(s) will be in contact for future opportunities; or
(iii) we suspect that you might on sell our products to other consumers.
3.6 Until the time when we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order. We will notify you if we are unable to fulfil your order via email. If we - or you - cancel your order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. This refund may take up to 3-10 business days to be reflected in your account.
4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee any firm delivery dates.
4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.3 In some cases, you may grant us an 'Authority to Leave' when placing your order. If you do, you understand and agree that this 'Authority to Leave' gives us and/or our couriers permission to leave the order in question unattended by the front door – or, where applicable, at the reception or concierge's desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us 'Authority to Leave', we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
4.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(i) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(ii) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make Your order and arrange for cancellation of the order or delivery to an alternative delivery address.
4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
5.1 We may terminate a contract if the product is not available for any reason. We will notify you if this is the case via the contact details that you provided to us when you made your order and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
5.2 If you wish to cancel your order, please contact our team via firstname.lastname@example.org or the relevant contact page via the website, citing your order number. No cancellation fees will apply before the order has been processed. Once an order has been processed it cannot be cancelled and the item(s) must instead be returned to us in accordance with the Returns Policy.
6. CUSTOMS, IMPORT DUTIES & TAXES
6.1 As Your order may be shipped from Sydney, Australia and/or China, you may be charged Customs, Import Duties and Taxes. As we have no control over these charges and cannot predict what they may be, additional charges for customs clearance must be paid by the recipient of the item(s). Such charges are not included in the purchase price of BONDI BORN products and we will not be responsible for the payment of any Customs, Import Duty and Tax charges, under any circumstances. We are not able to offer a refund for returned goods, which are returned because the customer wishes to avoid paying any customs duties imposed. When ordering from BONDI BORN, you agree to pay any Customs, Import Duty and Tax charges which may be imposed by your country's government. If you refuse to pay any Customs, Import Duty and Tax charges imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product(s) and any Customs, Import Duty and Tax charges or penalty imposed by your government. Customs policies vary widely from country to country and customs duties are not always applied. Each country has its own rules for determining whether Customs, Import Duty and Tax charges will apply. Some countries only charge customs duties if the parcel has a value over a certain amount. Based on your country's customs rules, it is possible that your parcel will fall below that threshold level and you will not be required to pay any Customs, Import Duty and Tax charges. Therefore we ask that you contact your local customs/import/mail departments for rates before you place an order to avoid any surprises. We cannot guarantee that items will not be subject to random checks and cause associated delays and charges. BONDI BORN is not responsible for any delays caused by destination customs clearance processes.
7. FAULTY PRODUCT RETURNS
7.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us via email@example.com or the relevant contact page via the website, as soon as possible, so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
7.2 If the product is confirmed to have a defect, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.
7.3 It does not constitute a defect, if in our reasonable opinion, if the product has, following the sale to you, become of unacceptable quality due to fair wear and tear – such as creasing during transit – misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
8. CHANGE OF MIND RETURNS
8.1 In addition to your rights in relation to faulty products in clause 7, you can return any product:
(i) within 14 days of receipt and
(ii) unworn and unused with the original tags and hygienic seal attached; and
(iv) in the original packaging, which must be in the original condition, (not including tissue paper or, which will need to be returned with the product to help protect the product in transit, but does not need to be in its original condition).
Please note our swimwear products are all sealed for hygiene reasons and as such can only be returned under change of Mind return policy (clause 8) if the seal is intact. Occasionally, some products may be excluded from the change of Mind return policy. The exclusion will be noted on the product page on our website.
8.2 To ensure the returns are assessed and processed swiftly, you must follow the instructions set out within our Returns Policy via bondiborn.com/shipping-and-returns
8.3 Upon receiving and inspection of your return, we will contact you regarding next steps via the email supplied to us when you placed your order. Once determined that the return is in compliance with clause 8.1, we will, at your request:
(i) refund the price of the product to the payment method used to place your order or
(ii) reinstate the price of the product to your store credit (account) or gift card balance in the event these were used as payment methods for placing your order, either in full or partial
8.4 We will not be able to refund any delivery fees that you have paid at purchase to have the product shipped to you. If the return, in our reasonable opinion, is not in compliance with clause 8.1, we will contact you to ship the product back to you.
8.5 You will be responsible for the cost of returning your goods. BONDI BORN holds no responsibility for the cost of the goods being returned, nor in the event the goods are lost or damaged. The customer takes full responsibility for insuring the goods are returned to BONDI BORN in the required state as per clause 8.1.
8.6 Nothing in this clause is intended to exclude any rights in clause 6 or any of your statutory rights as a consumer under Australian Consumer Law.
9. VOUCHERS, GIFT CARDS, STORE CREDIT AND PROMO CODES
9.1 You may use store credit, gift cards, vouchers or promotional codes (herein after referred to as “vouchers”) as payment for certain products on the website. We may email vouchers, promo codes and electronic gift cards to you (we accept no liability for errors in the email address provided to us) or provide you them in another format including but not limited to; packaging, third party websites, influencers, press, etc.). We assume no liability for the loss, theft or illegibility of vouchers. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of vouchers or gift cards on the website, we are entitled to close your account and/or require a different means of payment.
9.2 Conditions for the redemption of vouchers:
(i) From time to time we may release vouchers that may be used on the website. vouchers can only be redeemed on the website in accordance with the special terms and conditions stated on them.
(ii) Vouchers are valid for the specified period stated on them only. Certain products may be excluded from voucher promotions.
(iii) Vouchers cannot be redeemed for cash. If you place an order for a product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per order.
(iv) Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple products are purchased using a voucher, and one or more products are returned, the discount is applied on a pro rata basis to each product for the purpose of establishing refund values.
9.3 Conditions for the redemption of gift cards:
(i) You may purchase gift cards for use on the website by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
(ii) Gift cards are valid for 12 months. Any balance that remains after the 12 months will not be available for use.
(iii) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards
(iv) If you place an order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an order, and gift cards may be used in conjunction with one voucher per order.
(v) If an order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only.
9.4 Conditions for using store credit:
(i) Store credits are applied to the account registered with the same email address used to place your order. Store credits cannot be transferred to other accounts.
(ii) Store credit is valid for 12 months. Any balance that remains after the 12 months will not be available for use.
(iii) Store credit does not accrue interest nor can it be redeemed or refunded for cash. If an order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only.
10. DISCLAIMER AND LIABILITY
10.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire liability, and your sole and exclusive remedies, for:
(i) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the website (or any part of it or them); or
(ii) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(ii) death or personal injury caused by our breach of duty;
(iii) any breach of the obligations implied by law; or
(iv) any other liability which cannot be excluded or limited by applicable law.
10.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.
10.4 Subject to clause 9.3:
(i) To the extent permitted by law, we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the website;
(ii) We exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(iii) You should not rely on any information accessed using the website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(iv) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(v) We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms and Conditions.
(vi) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the website, our services or these Terms and Conditions.
(vii) Our total liability under any contract shall in no circumstances exceed,
a) in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
12. MEDIATION AND DISPUTE RESOLUTION
In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
13.1 Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
13.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
13.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
13.4 No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
13.5 Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office; The Brand Republik Pty Ltd, Trading as BONDI BORN, Level 3, 13-15 Wentworth Avenue, Sydney 2000 NSW Australia.
13.6 Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of BONDI BORN, its subsidiaries, any holding companies of BONDI BORN, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).
13.7 Survival: The provisions of clauses that either are expressed to survive it's expiry or termination or from their nature or context it is contemplated that they are to survive such.
13.8 Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
13.9 Governing law: These Terms and Conditions (and all non-contractual relationships between you and BONDI BORN) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
13.10 Change of the Terms and Conditions: we reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.
14. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the contrary intention appears:
(i) ‘Account’ means the account that you may be required to register for on the website if you would like to submit an order on the website in accordance with clauses 1 and 3 of these Terms and Conditions;
(ii) ‘Breach of Duty’ means the breach of any:
a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
(iii) ‘Business Day’ means a day which is not a Saturday, Sunday or a public holiday in Sydney, Australia;
(iv) ‘Company’ means The Brand Republik Pty Ltd (trading as BONDI BORN) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
(v) ‘Confirmation of Order’ means our email to you, in which we accept your order;
(vi) ‘Contract’ means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with this Terms and Conditions;
(vii) ‘Delivery’ means the process in clause 4 of these Terms and Conditions;
(viii) ‘Delivery Fee’ means any charges you are liable to have the products delivered to the address provided by you
(ix) ‘GST’ means the Goods and Services Tax.
(x) ‘Liability’ means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);(xi) ‘Order’ means the order submitted by you to the website to purchase products from us.
(i) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
(ii) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(iii) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(iv) References to includes or including or like words or expressions shall mean without limitation.
These Terms and Conditions were last updated on 27 April 2017.
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BONDI BORN and its service providers may use analytics cookies to collect information about your use of the BONDI BORN website. The analytics cookies collect information, which amongst other things, allows us to count our audience size and see usage patterns. The analytics cookies also record if you experience difficulties using our website which can assist us in improving functionality.
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