terms of use

Introduction

Welcome to Bunjie Pty Ltd ("Bunjie online" or the "site", "we", "us" or "our"). ACN 630 972 422.

 

1. Access and use subject

By visiting & using the Bunjie site, it means that you have agreed to the following terms of use. Please note we may change these terms of use at any time, without telling you. If we make a change, the next time you use this site will mean you agree to the amended terms of use. If you do not agree with these terms of use, please do not access and/or use our services.

Some of our services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into these terms of use. If there is a conflict between these terms of use and such other additional terms and conditions, such other additional terms and conditions will govern.

 

2. Disclaimer

All information on this Site is provided for general informational purposes only and is not intended nor should it be taken as a substitute for advice of your medical or healthcare professional. You expressly agree that your use of the site and any information on or available through the site, and any actions you take or do not take in connection therewith, are at your sole risk. To the maximum extent permitted by law, Bunjie gives no express or implied warranties and makes no representations in connection with any information contained on the site, including without limitation as to the completeness, accuracy, reliability, efficacy or currency of that information. Prior to using any product you should seek the advice of a qualified medical or health professional to ensure such product is appropriate for your personal circumstances. You should not use or rely on any information on the site for any purpose including without limitation in connection with the diagnosis or treatment of a medical or health condition. If you have or suspect that you have a medical or health condition you should immediately contact your doctor or qualified health professional.

3. Limitation of Liability
Subject to the provisions of relevant consumer protection legislation that cannot be excluded by law, Bunjie accepts no liability in connection with any information on the Site being incorrect, incomplete or misleading in any respect or for any product, good or service supplied or available via the site. To the maximum extent permitted by law Bunjie will not be liable to you or any other person for any loss, damage, cost or expense including any indirect or consequential loss, damage, cost or expense, however caused including due to breach of contract, negligence and/or breach of statute, which may be suffered or incurred or which may arise from or in connection with use of the site, use of any product purchased or available through the site, use of or reliance upon any of the information, products or materials contained on the site, or our negligence or breach of any obligations under these Terms and Conditions or applicable law. Where certain conditions or warranties implied by law cannot be excluded, Bunjie's liability will be limited at its discretion to the resupply of the relevant goods or service or a refund of the costs of those goods.

4. Intellectual Property
(a) Copyright and trademarks. Unless expressly specified otherwise, all material appearing on the site (collectively, the “Content”) including all text, logos, graphics, design elements, photographs, images, data, typefaces, audio and video clips and all other content as well as the design and arrangement thereof is the property of Bunjie or its content suppliers and is protected by copyright law. Certain content including Bunjie and all related product and service names together with all proprietary graphics, photographs and logos are registered and/or unregistered trademarks of Bunjie and its related entities and may not be used in connection with any other product or service without Bunjie’s express written consent. You acknowledge that all Content is protected by intellectual property rights and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.

(b) Use of the Site. You may use the content and the site solely for individual personal use in connection with the purchase of Bunjie’s products and for no other purpose. No content or other materials from the site may be copied, reproduced, republished, uploaded, modified, posted, transmitted, or distributed in any form or by any means without Bunjie’s prior written consent. All rights not expressly granted under these Terms and Conditions are reserved. Unauthorised use of any content or other materials available on the site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

(c) Links. The site may include links to websites owned by other parties. Bunjie does not endorse and is in no way responsible for any material or products contained on or any damage, offence or loss to any person visiting these websites. You may create a hyperlink to the site provided the linked content or website does not portray Bunjie, its products or any associated persons in a false, misleading, derogatory or offensive manner. If requested by Bunjie you must immediately remove any hyperlink to the site contained on your website or other digital content.

(d) Indemnity for use. You agree to indemnify and hold Bunjie and its directors, officers, employees and representatives harmless from any claim or demand, including legal fees on a full indemnity basis, made by you or any third party due to or arising out of your use of the site, any content you submit, post to or transmit through the site, your connection to the site, your breach of these Terms and Conditions or your infringement or violation of the rights of any person.

When you place an order via the site you agree and acknowledge:

(a) Personal details. We will require you to provide personal information including your name, delivery address, email address, telephone contact and valid credit card or other relevant payment details. Personal information will be handled in accordance with Bunjie's Privacy Policy as applicable from time to time. While we use reasonable security measures to protect your information we will not be liable for any misuse of this information due to an error in transmission, computer virus or malware or cyber-attack and we recommend that you regularly check to ensure your browser and internet connection are secure and your computer has up-to date virus software is installed.

(b) Prices and GST. Unless expressly stated otherwise, all prices on the site are in Australian dollars (AUD) and are GST inclusive. We reserve the right to amend our prices at any time. Where we make a taxable supply and the price does not include GST we will be entitled to add GST. ‘GST’ means the tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.

(c) Payment. You must pay the order amount in full together with any postage or shipping charge through the site by credit card at the time of making the purchase offer with respect to the relevant goods. Bunjie accepts major credit cards and any other valid payment methods as indicated to you via the site at the point of payment but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.

(d) Postage. Postage will typically incur an additional charge calculated and notified to you at time of purchase. Where postage is free or included in the purchase price this will be expressly stated. If an order is to be delivered to you at an international address you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for your goods to be released to you. Any such charges are your sole responsibility and we encourage you to familiarise yourself with any such customs duties as may apply to your delivery.

(e) Offer and Acceptance. Your order constitutes an offer to purchase with respect to each product comprising the order for the specified price. We will at our discretion accept or reject your offer, and if we have not responded to you within 3 days your offer is deemed to be rejected. If we do not accept your offer for any reason neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance thereof. Bunjie is not required to give reasons for non-acceptance of an offer.


5. Terms of Trade

(f) Availability. We give no undertaking as to the availability of any product advertised on the site. We will notify you as soon as practicable where any goods purchased are unavailable and will promptly provide a refund or credit note.

(g) Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.

(h) Delivery. The estimated date delivery time of your order will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.

(i) Eligibility. Our site is not directed at those under the age of 16 and customers must have credit or debit cards to make purchases. By making a purchase on the site you represent and warrant that you are over 16 years of age.

(j) Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we despatch the goods, and following despatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.

(k) Returns. We want you to be 100% happy with your Bunjie products. Please click here to go to our returns policy.

(l) Limited purchase quantities. Bunjie reserves the right to monitor, restrict and/or limit sales or the purchase quantities of products at its sole discretion. Bunjie reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases Bunjie will reduce product(s) to what Bunjie considers a non-commercial quantity. Any commercial size quantities should be requested by email to: sales@bunjie.com

(m) International destinations. Bunjie endeavours to monitor international orders to ensure that all items ordered by customers are included in each order and that each order is safely packed for international shipping. However, Bunjie has no control over international customs or postal operations and takes no responsibility for damaged items or items claimed to be missing. Bunjie will not refund any international orders where such claims are made.

(n) Destination liability. Bunjie is not responsible for the loss of any orders due to untraceable consignments numbers, nor any cost that may be incurred due to customs tax or delivery tax. Bunjie holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and Bunjie holds no responsibility on the order being delivered within a certain timeframe or cost. Bunjie cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them.

(o) Force majeure. If Bunjie is delayed or prevented from performing any of its obligations under these Terms and Conditions by reason of any event or circumstance beyond its reasonable control Bunjie will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

6. Access and Use
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the site with or without notice, including for any conduct that we in our sole discretion believe is in violation of any applicable law or is harmful to the interests of Bunjie or its customers. You agree that any termination of your access to the site may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the site. These terms are effective even if your access is terminated by either party. In addition, Bunjie may elect to electronically monitor areas of the site and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request, or if such disclosure is necessary or appropriate to operate the site or to protect Bunjie’s rights or the rights of our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.


7. Indemnity
You agree to defend, indemnify and hold harmless Bunjie (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the site.


8. Privacy & Security
You may need to register to use certain parts of the site and will be prompted to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately and take all prudent precautionary action. Although Bunjie online uses reasonable efforts to safeguard the security of information you provide us, transmissions made on or through the internet cannot be guaranteed to be secure and Bunjie does not warrant and cannot ensure the security of any information which you may provide to us. You agree that any information you transmit to us is entirely at your own risk and that it is your responsibility to immediately contact your financial institution if you become aware of or we notify you of any unauthorised use of your account. Please ensure you review our Privacy Policy which sets out how we manage personal information.


9. Cookies
Bunjie online may use cookies when you visit the site to collect certain information about your computer including IP address, browser type, operating system, domain name and details of any website referring you to the Site. Bunjie online may use cookies to collect information regarding your use of the site, to recognise you/your computer when you visit the site, and if applicable to refer you to the relevant section(s) of the site based on your country of origin or language. This information is used to maintain the quality of the Site and provide statistics regarding use of the site. If you would prefer not to have this information stored on your computer, you may configure your browser not to accept cookies however if you do this you may not be able to access all parts of the site.


10. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason such term shall be severed, and the remaining terms shall be unaffected and remain in full force and effect and the parties must use all reasonable endeavours to negotiate a suitable substitute provision.


11. Applicable Law
Not withstanding any location where you reside or may be located at the time you access, place an order or make a payment via the site, you agree that as far as legally possible these Terms and Conditions, your use of this Site and any sale contract formed shall be governed by the laws in existence from time to time in New South Wales, Australia. Any claim relating to the site, the good or services provided through the site or the content shall be governed by the laws of the state of New South Wales, Australia and you irrevocably submit to having the matter dealt with by the courts in New South Wales, Australia.

12. Entire Agreement
To the fullest extent permitted by law, these Terms and Conditions together with our Privacy Policy constitute the whole agreement between you and us and supersede any and all previous discussions and/or agreements between the parties.