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Ownership
This Website is owned and operated by The Teddy Bear Shop Pty Ltd from a server located in the State of Queensland, Australia.
Access and use
Your access to, and use of the materials contained in, the Website (regardless of whether or not your access or use is intended) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (Terms of Use).Your use of, and access to, the Website constitutes your agreement to the Terms of Use.
The Teddy Bear Shop reserves the right to amend the Terms & Conditions without notice at any time. It is therefore important that you read this page regularly to ensure you are aware of any changes. Since you are bound by these Terms & Conditions, you should periodically refer to them in this document and elsewhere on the Website. Please read the Terms & Conditions carefully and save them. Any questions or comments regarding, or problems with, the Website should be sent to the site administrator immediately.
Currency
All prices are in Australian Dollars.
Security
Your online shopping experience is safe and secure thanks to the use of the SSL protocol (Secure Sockets Layer). SSL uses 128 bit encryption to protect your personal information from being intercepted by an unauthorised party and is the standard used by all reputable e-commerce sites.
Additionally, we use eWAY to guarantee the best possible security for our online transactions. eWAY has multiple firewalls to protect important data and features 1024 bit data encryption. No credit card information is stored on either eWAY's clustered web server's or our web servers.
Shipping
All shipping will be handled by Australia Post and/or its affiliates. Shipping period is listed from 7 – 10 working days (Monday to Friday). The Teddy Bear Shop makes no guarantees on the estimated shipping time as it is subject to a third party. The Teddy Bear Shop shall in no way be held liable for delay’s caused by the third party.
Reported instances of non delivery will be investigated and if found to be legitimate, action will be taken to ensure our customers receive their orders at no extra cost to them.
Refunds & Returns
The Teddy Bear Shop does not offer refunds or exchanges unless the original product is proven to be faulty. All products are checked to the best of The Teddy Bear Shops ability before being dispatched to consumers. The Teddy Bear Shop will not be held liable for any faults that could have occurred while in the hands of the retailer or the consumer. The Teddy Bear Shop will only provide an exchange in an instance where the fault can be proven to be a result of the manufacturing process.
Policy for transmission
The Teddy Bear Shop uses eWAY as the payment gateway provider. All transactions use straight through processing and no customer credit card details are stored on a server. All credit card information transmissions are secured using 128-bit encryption.
Copyright in the Content on the Website
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Website (Content) is owned by either The Teddy Bear Shop, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
You must not modify, copy, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by The Teddy Bear Shop or the owner of the copyright subsisting in the content. The use of materials from the Website on any other website or networked computer environment is similarly prohibited. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of The Teddy Bear Shop or the owner of the copyright subsisting in the content or which is prohibited by the Terms & Conditions.
All rights not expressly granted in the Terms of Use are reserved.
Copyright in other material
The Teddy Bear Shop makes no warranties or representations that material on other websites to which the content is linked does not infringe the intellectual property rights of any person anywhere in the world.
The Teddy Bear Shop is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.
Trademarks
All trademarks displayed on the Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Website without the express written permission of The Teddy Bear Shop, the relevant The Teddy Bear Shop affiliate or third party owner.
Content
Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
External Links
The Website contains hypertext reference links and other pointers to internet websites operated by third parties. These linked websites are not under the control of The Teddy Bear Shop, and The Teddy Bear Shop is not responsible for the contents of any linked website or any hypertext reference link contained in a linked website. The Teddy Bear Shop provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by The Teddy Bear Shop.
The Teddy Bear Shop makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Content is linked. You link to any such website entirely at your own risk. When visiting other websites you should refer to each such website’s individual terms of use and not rely on this agreement.
Third party offers
The Teddy Bear Shop will provide you with the opportunity to purchase goods or services from third party suppliers or carriers. The Teddy Bear Shop does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. It is your responsibility to find out the terms and conditions imposed by that third party supplier on any transactions you may carry out.
The Teddy Bear Shop is not in any way responsible or liable for any failure in relation to:
(a) the communication from you to that third party;
(b) that third party’s failure to deliver the goods or services ordered;
(c) the condition of the goods or services on delivery;
(d) the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you.
Discounts/Commissions
The stated discount to the members is the full discount as negotiated by The Teddy Bear Shop. In certain circumstances, The Teddy Bear Shop may receive a commission from certain suppliers that is unable to be passed on to members. In such circumstances these commissions will be donated to charity.
Disclaimer of liability and warranties
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by The Teddy Bear Shop of goods or services on the Website which cannot be excluded, restricted or modified (non-excludable Rights). The Teddy Bear Shop does not exclude any non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute except as provided for by the non-excludable Rights:
(a) all Content is provided without warranties of any kind, either express or implied;
(b) The Teddy Bear Shop makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content;
(c) The Teddy Bear Shop does not warrant or represent that:
(i) the Content will not cause any damage;
(ii) the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
(iii) any defects will be corrected; or
(iv) that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
(d) The Teddy Bear Shop does not warrant or make any representation regarding:
(i) your access to, or the results of your access to, the Website (including any related or linked websites);
(ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii) any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified; and
(f) you agree that you use the Website and rely on material contained in the Website at your own risk.
You should make your own inquiries before entering into any transaction on the basis of the Contents. The Teddy Bear Shop does not check the accuracy of the Contents and neither The Teddy Bear Shop nor any other party providing material displayed on the Website is under any obligation to give notice of any corrections or amendments.
You acknowledge that The Teddy Bear Shop is not liable for:
(a) any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
(b) the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of The Teddy Bear Shop) will The Teddy Bear Shop be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any content. You expressly acknowledge and agree that Trade Off does not exert control over users of the Website and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.
To the fullest extent permitted by law, The Teddy Bear Shop’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Teddy Bear Shop to the following:
in the case of services supplied or offered by The Teddy Bear Shop:
(i) the supply of the services again; or
(ii) the payment of the cost of having services supplied again.
Indemnity
You agree to indemnify The Teddy Bear Shop against any loss or damage suffered, or costs incurred, by them in connection with your use of the Website or any breach by you of the Terms of Use or any other legal obligation.
Compliance with laws outside Australia
The Teddy Bear Shop makes no representation that the content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Termination
The Teddy Bear Shop may at any time without notice immediately terminate this agreement and your use and access to the Website. In the event of termination, you are no longer authorised to use or access the Website, however, all restrictions imposed on you and all The Teddy Bear Shop disclaimers and limitations of liability set out in the Terms & Conditions survive the termination.
Governing law
This agreement will be governed by and construed according to the laws of Queensland, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of Queensland.
Severability
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.
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