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Terms & Conditions – Conditions of Sale

Definitions

  • All references to “we”, “us” and “our” refers to Tiger Mama Intimates which is owned and operated by Star Reach Pty Ltd (ABN 80 615 472 145).
  • All references to “this website”, “our website”, “this site”, “our site” and “our online store” refers to tigermama.com.au
  • All references to “you”, “your”, “the Customer”, “the purchaser” is to mean you the user of this website.
  • All references to “dollars” or “$” is to mean Australian Dollars, unless otherwise expressly provided.
  • Business Day means any day other than a Saturday, Sunday or gazetted public holiday in Perth, Western Australia.
  • Delivery or Shipping means the freight of the Goods to the Delivery Address.
  • Delivery Address or Shipping Address means the address that you supplied to which the Goods will be delivered.
  • Gift Voucher means the electronic voucher purchased from our online store that enables the recipient to make non-cash payments for Goods on our online store.
  • Goods means the products offered for sale on our online store.
  • GST means the goods and services tax imposed under A New Tax System Act 1999 (Cth).
  • Law means any legislation, including regulations and by-laws, regulation or determinations that is recognised and enforced by the Commonwealth, State and local governments.
  • Order means the request by you to purchase Goods from our online store.
  • Price means the price of the Goods expressed on our website.
  • Purchase Date or Order Date means the date that the Order was submitted on our website.

Interpretation

Our Terms & Conditions govern the use of this website – including, but not limited to, accessing, browsing and purchasing from this website, and is also our Conditions of Sale. Your use of this website is at your own risk and if you do not agree to these Terms & Conditions in their entirety, please do not access or purchase from this website.

We may update our Terms & Conditions from time to time without providing notice to you. If you have any enquiries or concerns regarding our Terms & Conditions, please email us at info@tigermama.com.au.

Entire Agreement & Order of Precedence

The following documents, in order of precedence, constitutes our entire Terms & Conditions:

  1. Our Privacy Policy,
  2. Our Returns & Exchanges Policy,
  3. Our Shipping & Delivery Policy, and
  4. This document entitled Terms & Conditions,

In the event of any conflict or inconsistency between the documents constituting the entire agreement, the documents shall rank in the order of precedence detailed above.

1. Compliance to our Terms & Conditions

1.1. By submitting an Order, you agree to be bound by our Terms & Conditions.

1.2. Each separate Order you submit will constitute as a separate agreement between you and us.

2. Orders

2.1. An Order you submit is an offer by you to purchase Goods at their respective Price and make payment of the associated GST and Delivery costs.

2.2. You agree that any Orders you submit via our online shop is for a non-commercial, domestic and personal use only.

2.3. When submitting an Order, you agree to enter correct details including the Delivery Address and other required personal information, as these details will be used by our shipping contractor to deliver the Goods. We are not liable to you or any third party for delays and losses incurred for late delivery due to inaccurate information provided by you in respect to an Order. We are not under any obligation to resend your Order if it has already been delivered to an incorrect Delivery Address.

2.4. You acknowledge and agree that:

2.4.1. Any images, diagrams, descriptions, size and dimensions provided on our website are provided in good faith for illustration and guidance purposes only and the actual Goods may differ slightly,

2.4.2. Any accessory featured in any images or diagrams on our website are for illustration purposes only, and

2.4.3. We have employed our best efforts to illustrate, represent and describe the Goods as they are in real life.

2.5. We reserve the right to accept or reject any Orders for any reason at any time.

2.5.1. All Orders that we accept is an agreement by us that we will fulfil your Order according to our Terms & Conditions.

2.5.2 If we reject your Order, we will notify you within five Business Days from your Order Date of the rejection and refund any payments that you have made to us for the Order. We are not liable to you or any third party for losses associated with the rejection of any Order.

2.6. From time to time, some Goods on our website may be withdrawn, out of stock or otherwise unavailable for sale without prior notification to you. If your Order is not able to be fulfilled in full or in part due to unavailability of Goods, we will use reasonable endeavours to notify you within five Business Days of your Order Date of such unavailability. We will process a refund for the Price of the unavailable Goods should you choose not to substitute the unavailable Goods with another Good.

3. Prices

3.1. All Prices expressed on our website are in Australian dollars and are exclusive of GST and Delivery costs, unless otherwise explicitly stated.

3.2. All payments will be charged in Australian dollars regardless of your Delivery Address. Any applicable currency conversion fees or rates will be determined and payable directly to our payment system provider, for example Paypal.

3.3. We reserve the right to change any Prices without prior notification to you. If you have submitted an Order prior to any Price change, your Order will be subject to the Prices stated in your Order.

3.4. From time to time we will offer promotions and discounts, including offers using a promotional or coupon code (“Code”).

3.4.1. Promotions and discounts are only applicable to the recommend retail price of the Goods, and is not applicable to Gift Vouchers.

3.4.2. You must enter the Code number in the appropriate field on our online store in order to activate the discount. We cannot retrospectively apply the Code once the Order your been submitted.

3.4.3. Where the Code is supplied to you directly and personally via mail, email or otherwise, it cannot be transferred to another person.

3.4.4. Each Code will expire after their respective validity period as stated with the Code.

4. Payment

4.1. You acknowledge and agree that any Order you submit will not be accepted until we have received payment full for the Order. Likewise, the Goods will only be dispatched for Delivery once we have received and cleared your payment.

4.2. Although credit card details that you enter on our website are secured by Secure Socket Layer (SSL) encryption and transmitted directly to our payment system provider, such as PayPal, we do not guarantee the security of any transaction.

5. Delivery

5.1. We use shipping contractors to deliver the Goods to you. Any Delivery times provided on our website are indicative only. You agree and acknowledge that we cannot guarantee any stated Delivery time and we are not liable for any losses, delays or discrepancies in actual Delivery times incurred as we have no control over the schedules and shipping processes of our shipping contractors.

5.2. You agree and acknowledge that you have supplied the correct Delivery Address as we are not liable to you or any third party for any losses incurred for deliveries to incorrect Delivery Addresses.

5.3. We reserve the right to deliver your Goods in whole or in installments.

5.4. We are not liable to you or any third parties for losses or damages for any unclaimed, uncollected or returned deliveries. If you are not available at the Delivery Address at the time of delivery, it is your responsibility to follow the instructions of the missed delivery card. You will be charged additional Delivery fees if you require us to resend any returned deliveries.

5.5. We are not liable to you or any third parties for losses or damages for any lost or stolen deliveries that have been left at the Delivery Address without signature if you have not chosen to purchase the Registered Mail option for the Order.

6. Gift Vouchers
Our Gift Vouchers:

6.1. Are valid for twelve months from the Order Date, and are redeemable only on our website,

6.2. Should be treated as cash as we cannot replace or re-issue Gift Voucher codes if you have lost or misplaced them, and

6.3. Cannot be exchanged for cash.

7. Risk and Title

The risk and title of the Goods passes to you at the time the Goods are dispatched to the shipping contractor for Delivery to the Delivery Address.

8. Order Cancelation and Returns

8.1. At this time, Orders cannot be cancelled once they are submitted therefore please check your Order carefully before submitting.

8.2. You are able to return Goods according to our Returns & Exchanges Policy.

9. Copyright and Trademarks

9.1. You agree that any intellectual property rights, trademarks and copyrights contained in our website remains at all times vested in us or our licensors.

9.2. Our brand name, logo, products, colour scheme and anything on this website including the images, text, design and layout of this website is owned by us in its entirety and cannot be used, copied, reproduced, linked to or replicated without our prior written permission, unless permitted by Law.

10. Privacy 

We are committed to protecting your personal information. Please read our Privacy Policy.

11. Third Party Sites, Testimonials and Submissions

11.1. All comments, testimonials, feedback, images, artwork or text, with the exception of personal information, (collectively referred to as “Submissions”) that you submit, disclose or offer to us via email, phone, text, or through any third party website or page such as Facebook, Instagram, or other social media site, whether directly on our account or by tagging or mentioning us, shall be our property and we reserve the right and absolute discretion to delete, use or retain your Submission.

11.2. You warrant that you own or have permission to use any text, images or artwork that you use in any Submission and that you have the right to give us the right to delete, use or retain the text, image or artwork.

11.3. In the instance that we use your Submission, in whole or in part, as a testimonial on our website or any marketing and promotion material, you agree and give us permission to do so and to state your first name, initial of your surname, and the suburb or city for which you reside, where it is supplied to us.

11.4. We are not responsible for the content of your Submission on any third party website or page, and are not responsible for your opinions, compliance or non-compliance of the third party website or page’s terms and conditions.

12. Virus Warning

Whilst all care is taken to ensure that our website is free from viruses, we cannot guarantee that it is free from viruses or like conditions which could damage or harm your hardware and software. It is your responsibility to scan and virus protect your equipment and any image or document that you download from our website.

13. Limited Liability

Excluding any liabilities imposed on us under the Law and provisions within our Terms & Conditions, we are not liable to you or any third party for any incidental, consequential, punitive or exemplary loss, harm or damages howsoever caused including those that arise directly or indirectly through transacting with us.

14. Severability

Any provision within our Terms & Conditions that are prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. It does not however invalidate the remaining provisions of our Terms & Conditions.

15. Governing Law 

Our Terms & Conditions shall be governed by and construed in accordance with the Law of Western Australia.

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