TERMS OF USE

Last modified: November 11, 2017

 

Welcome to the Sasha and Friends website. (Website) and is operated by BONE GROUP PTY LTD  ABN: 62 526 125 662

(We, Us, Our or SASHA AND FRIENDS). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. We reserve the right to amend the Terms of Use at any time.

 

INTELLECTUAL PROPERTY

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by SASHA AND FRIENDS and protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

You may view The Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

  • reproduce or use any of the material on the Website for commercial purposes, including sale;
  • in any way modify the material on the Website; or
  • cause any of the material on the Website to be framed or embedded in another website.
  • In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

THIRD PARTY LINKS

The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website.

We provide the hyper links for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

 

INDEMNITY

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

 

DISCLAIMER

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

  • Except for your Statutory Rights and with respect to the Website:
  • all material on the Website is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

 

LIMITATION OF LIABILITY

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

  • resupply of the services; or
  • the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

 

CHILDREN

The online protection of children is a shared responsibility between the SASHA AND FRIENDS the parent/guardian and the child. SASHA AND FRIENDS aims to ensure that children and young people (under 18) who engage with our online spaces understand the possible risks they face and how to minimise them.

When contributions are sought from, likely to have been submitted by, or include children and/or young people (under 18), SASHA AND FRIENDS will, where appropriate, seek the consent of a child’s parent or guardian before using a child’s contribution on SASHA AND FRIENDS platforms.

 

PRIVACY

By agreeing to and accepting the Terms of Use, you also agree to the terms of the Sasha and Friends Privacy Policy.

 

TERMINATION

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

 

MISCELLANEOUS

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

 

PRICING

We reserve the right to change any price at which we offer our products or services and to correct any errors in pricing contained on our web site. While we fully honour all of our commitments, SASHA AND FRIENDS shall have no liability for any such changes and/or errors and we are not bound to fulfil orders at outdated or erroneous prices.

All promotional pricing displayed on artwork and banners will be in AUD currency. Unless otherwise displayed.

 

CONTENT

We hope to quickly correct any textual, graphical or factual errors in our website content. No matter what the error is from a misspelled word, missing or incorrectly matched photograph, broken hyperlink please Contact Us, and we will fix it ASAP. We are 100% committed to you and the accuracy of our website; however, we do not guarantee that the product descriptions on our website or other content are current, reliable, complete or accurate.

If a product you buy from us is not as described or as you perceived, your course of action is a full refund within 28 days of purchase after you return the product in its complete and unused condition. Please refer to our Returns Policy

 

STOCK

While we always try to stock ample levels of all items we do sometimes become out of stock of some products. In this case you will be emailed and informed of the expected delay.

 

APPLICABLE LAW

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

 

PROMOTIONS

Conditions for the redemption of promotional offers:

  • From time to time we may release promotional vouchers that may be used on the Website. Promotional vouchers can only be redeemed on the Website.
  • Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
  • The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
  • If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
  • The credit of a promotional voucher does not accrue interest nor does it have a cash value.
  • If the credit of a promotional 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 promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
  • Please note that only one promotional voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
  • All promotions are in Australian dollars and all minimum spends must equal to AUD currency.
  • You must apply the promo code in the bottom of your cart to receive the discount on valid items in your order.
  • Sasha and Friends has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.
  • Promo code is single-use only

If you are unsure how to complete this promotion, please contact customer service before finalising your order. Promotional offers will not be honoured unless the relevant code has been applied in the cart and no refund will be offered if promotion was not completed correctly.

The promotion cannot be applied to an order that has been completed, nor can the relevant promo code and discount be applied to an invalid order.

If items from the order are returned and your order no longer meets the spend level required for the promotion, all remaining items will be charged at their listed price at time of purchase. If the return drops your order below the required spend level you will not receive the discount offered to the lower amount. Cash back offers will be in the form of store credit and will be applied to your account once your purchase has been shipped.

Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

Sasha and Friends reserves the right to cancel or modify a promotional offer at any time.

 

COMPETITIONS

Winners will have 7 days to claim their prize, at which time the prize will be redrawn.

Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.

Entry into a promotion is only open to Australian and New Zealand residents. In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner’s age, identity, and residency.

Incomplete or indecipherable entries will be deemed invalid.

We reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorised intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

Entrants consent to us using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.

If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.

Except for any liability that cannot be excluded by law, we (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury, or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion, including but not limited to, where arising out of the following:

  • any technical difficulties or equipment malfunction (whether or not within our control);
  • any theft, unauthorized access or third party interference;
  • any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);
  • any variation in the prize value to that stated in a promotion;
  • any tax liability incurred by a winner or entrant; or
  • use of the prize(s).

Our decision is final and no correspondence will be entered into.

Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotions).

The prize (or any part thereof) cannot be sold; the prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.

We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

 

REWARDS PROGRAM TERMS & CONDITIONS

Sasha and Friends reserves the right to change the Reward Program rules, benefits, terms, conditions and limitations, or to cancel the program entirely at any time without prior notification.

  • If Sasha and Friends terminates the program, any remaining or unused reward point balances will be forfeited.
  • Sasha and Friends Rewards is administered by Sasha and Friends.com and our standard Privacy Policy is effective. Our Privacy Policy can be viewed on our website.
  • Rewards is a customer service program of admin@sashaandfriends.com.
  • Customers release Sasha and Friends and any associated parties from all liability in connection with the Sasha and Friends Rewards Program. Each customer permits sharing of information necessary to fulfil the terms of the Program.
  • The customer is responsible for determining any tax liability arising from participation in the Program.
  • Sasha and Friends is not responsible for errors and/or omissions in any Program document.

 

CONTACTING US

If you have any questions relating to the Terms of Use, please contact us by emailing admin@sashaandfriends.com.