Terms & Conditions

Terms of Use

The information contained within this document relates to the Buds & BabesAustralian online store, trading under Buds & Babes Asia Pacific Pty Ltd.

Buds & Babes is the trading name for Buds & Babes Asia Pacific Pty Ltd (referred to in these terms and conditions as 'Buds & Babes', 'we', and 'us').

 

Disclaimer

The content of this website is general and is provided for information purposes only.  The material on this website is not and should not be regarded as advice, including legal or medical advice.  To the fullest extent permitted by law, Buds & Babes does not give any express or implied warranties and makes no representations in relation to this website.  In particular, while reasonable care is taken in its preparation, Buds & Babes does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose.

Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so.  You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.

In addition, to the fullest extent permitted by law, Buds & Babes does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Buds & Babes accepts no liability arising from your access to this website.

 

Limitation of Liability

Subject to the provisions of consumer protection legislation that cannot be excluded, Buds & Babes accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. 

To the fullest extent permitted by law, Buds & Babes will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website.  Where conditions and warranties implied by law cannot be excluded, Buds & Babes limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.

 

Intellectual Property

 

Copyright

All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Buds & Babes or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Buds & Babes and protected by Australian and international copyright laws.

 

Trademarks

Buds & Babes and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of ABuds & Babes Asia Pacific Pty Ltd or its affiliates in other countries.  These trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without  Buds & Babes' express prior written consent.

 

Licence and Site Access

Buds & Babes grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Buds & Babes' express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Buds & Babes. You may not use any metatags or any other hidden text using Buds & Babes' name or trademarks without Buds & Babes' express prior written consent. Any unauthorised use will automatically terminate the licence granted above.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.budsbabes.com.au so long as the link does not portray Buds & Babes, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by Buds & Babes, you must remove any hyperlink to this website contained on your website or any other digital content.  You may not use any Buds & Babes logo or other proprietary graphic or trade mark as part of the link without Buds & Babes' express prior written consent.

 

Third Party Websites

Buds & Babes may include links on this website to websites owned by other parties. We are not in any way responsible for the material contained on these sites, nor are we responsible for the availability of these sites. Buds & Babes does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Buds & Babes responsible for any damage, offence or loss caused as the result of visiting these websites.

Buds & Babes recommends that before you visit any website you check that your computer is running up-to-date virus checking software.

 

Terms of Trade

If you purchase any products via this website, you must agree to Buds & Babes' Terms of Trade (see Shipping and Shopping).

 

Privacy

Personal information provided to Buds & Babes via this website will be handled in accordance with Buds & Babes' Privacy Policy.

 

Security

Buds & Babes' credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Buds & Babes offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.

Although Buds & Babes engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.

You will need to register to use certain parts of this website. When registering, you will be required 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.

 

Cookies

If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit our website. Cookies allow ud to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. Buds & Babes uses cookies to track and collect information about which parts of our site and newsletter (including links to other websites) are being visited by you.

Cookies also allow Buds & Babes to recognise your computer while you are on our website, and to send you to the country of origin and language you selected on your first visit to our website. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website.

If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.

 

General

Buds & Babes may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website.

The law applicable to this website is the law of the State of New South Wales, Australia.

Shipping and Shopping

The information contained within this document relates to the Buds & Babes Australian online store, trading under Buds & Babes Asia Pacific Pty Ltd.

The Terms of Trade and Frequently Asked Questions relevant to our store can be found in the footer of our web stores. 

Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.

 

Definitions and Application

 1. In these Terms of Trade, "Buds & Babes" means Buds & Babes Asia Pacific Pty Ltd. (ACN 612 502 182) trading as Buds & Babes, 'you' means the organisation or individual who is ordering product on the website, and the "Products" means the Buds & Babes products which may be ordered on the website.

 2. These Terms of Trade apply to any purchase of any Products by you from this website which are delivered in Australia or New Zealand.

 

Shipping fee

The shipping fee for all order with Australian address:

  • free of charge where the Product Subtotal is AUD50 or greater
  • AUD9 where the Product Subtotal is less than AUD50 

 

Delivery

Where the Order is to be delivered to an Australian address, Buds & Babes will:

 a. use reasonable endeavours to deliver the Order within 10 working days (Monday-Friday excluding official public holidays) from the date the Order was submitted by you; and

 b. send the Order by courier where the Order is to be delivered to a street address or by Australia Post where the Order is to be delivered to a PO Box. 

 

You will be required for sign for all deliveries made by Australia Post registered mail and couriers.

Please note Buds & Babes Online store is currently unable to support time slot delivery. 

 

Orders

1. To submit an order for Products (Order), you must:

a. create an account with Buds & Babes on this website by registering your details and creating an username and password; and

b. complete and submit the online order through your Buds & Babes account.

2. Buds & Babes reserves the right to refuse any Order. In such case, Buds & Babes will notify you as soon as reasonably practicable and refund to you any payment in full.

3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Buds & Babes reserves the right to take legal action against unauthorised and unofficial sale of goods.

 

Prices and Payment

1. All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.

2. The amount payable to Buds & Babes for an Order (Order Amount) will be the total of the following amounts:

a. the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal);

b. the cost of delivery determined in accordance with Delivery stated above, and

c. the sum of any other fees which Buds & Babes levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).

3. You must pay the Order Amount by credit card at the time of submitting the Order. Buds & Babes accepts Visa and Mastercard.

Liability

1. Without limiting Buds & Babes' legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Buds & Babes reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:

a. withhold supply and dispose of the Products requested in the Order, and/or 

b. refuse to deal further with you, and Buds & Babes will not be liable to you for any loss or damage directly or indirectly resulting from any such action.

2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.

3. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Buds & Babes for any loss or damage suffered by you as a result of Buds & Babes breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.

No Warranty

1. Subject to the following clauses and to the fullest extent permitted by law, Buds & Babes gives no warranty in respect of the Products.

2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Buds & Babes is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Buds & Babes breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable shipping costs.

3. You may also have express rights of action against Buds & Babes under consumer protection legislation if Buds & Babes supplied defective Products to you that cause you injury, loss or damage.

 

Refunds and Returns

Only items purchased on the Buds & Babes website can be returned to www.budsbabes.com.au for refund or exchange. Items purchased in one of our stockist or elsewhere must be returned to their original point of purchase.

Should you make an error when ordering online, Buds & Babes will gladly exchange your item for the item you intended to purchase. The returned item must be unopened and in its original saleable condition. You are responsible for the shipping and additional postage charges.

In the unfortunate event that you react to a product, you have the option of exchanging or refunding it. All items must be returned to:

Buds & Babes

Suite 1.22, 90-96 Bourke Road

Alexandria  NSW  2015  Australia

The customer is responsible for the shipping costs incurred when sending the items back to Buds & Babes. In Australia, the shipping charge of AUD9 will be payable if the subsequent refund reduces the original order amount to below the free shipping threshold of AUD50.

Should an item be damaged while it is being shipped to you by us, Aesop will provide you with a full refund or exchange. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.

In all cases, original proof of purchase must be provided and products must be returned within 14 days of receipt for Buds & Babes to process any refund or exchange. Please email to order@budsbabes.com.au in advance of your intentions to return or exchange a product, so that Buds & Babes staff can assist you with a smooth transaction.

Please retain your postal receipt from the provider until you are certain your parcel has been safely received by Buds & Babes. We may need to see this if we fail to receive your package.

We will do our best to process returns within 5 business days of receipt and a reimbursement will be issued in the original form of payment.

 

Force Majeure

If Buds & Babes is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Buds & Babes 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.

 

GST

1. Where Buds & Babes makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Buds & Babes will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.

2. In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means 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 and 'Taxable Supply' has the meaning given to it in the GST Legislation.

 

User Generated Content Policy

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on or to www.budsbabes.com.au or any other website, microsite, or any other internet property owned, operated or sponsored by Buds & Babes (collectively "Buds & Babes' Web Properties"), you are entirely responsible for such User Content.  Such User Content constitutes a Submission as defined below.  This means that you, and not Buds & Babes or its affiliates (collectively, "Buds & Babes'"), are entirely responsible for all User Content that you post to any Buds & Babe's Web Properties.  All users of Buds & Babes' Web Properties agree that their access to and use of any Buds & Babe's Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user's own risk. The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the www.budsbabes.com.au website.

Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including submitting your name, social media handle, any accompanying text, and an image or images from your Twitter™, Instagram™ or other social media site account(s), using hashtag #budsmovembabe or #budsbabes (collectively, "Submissions") will be treated as non-proprietary and non-confidential.  For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing or otherwise submitting Submissions to any of the Buds & Babe's Web Properties, you grant, and you represent and warrant that you have the right to grant, to Buds & Babes' an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, reproduce, edit, distribute, copy, edit, change, modify, add to, subtract from and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party.

You also acknowledge that your Submissions will not be returned and Buds & Babes may use your Submissions, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission.  By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent to be included in the Submission and displayed publicly on Buds & Babes' Web Properties and other Buds & Babes' social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Buds & Babes upon request. You agree to indemnify Buds & Babes and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold Buds & Babes, its officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy.  Upon submission of Submission you hereby release Buds & Babes and Releasees from, and irrevocably waive, any and all claims that Buds & Babes' use of your Photo with or without your name, including but not limited to use on Buds & Babes' Web Properties, infringes or violates my rights in your Submission or any work or material contained in your Submission.

Instagram ™, Twitter ™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Buds & Babes or www.budsbabes.com.au. Any submission via these or other similar social media sites are subject to all ruled and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.

                                                                                                                    
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER BUDS & BABES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF BUDS & BABES  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE BUDS & BABES' WEB PROPERTIES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Buds & Babes' Web Properties, User Content that is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.

While Buds & Babes allows users to post User Content, including images and comments, to Buds & Babes' Web Properties, you should be aware that User Content is not reviewed by Buds & Babes before posting and does not necessarily reflect the views of Buds & Babes.

All User Content must be appropriate for a family audience.  Any User Content may be removed by Buds & Babes from the Buds & Babes' Web Properties at any time and for any reason.

When you submit, post, or otherwise transmit User Content to any Buds & Babes' Web Properties you alone are responsible for insuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.

Please note that any User Content posted to any Buds & Babes' Web Properties may be used by Buds & Babes for commercial purposes and may be copied or exported from any of the Buds & Babes' Web Properties and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of the Buds & Babes' Web Properties.

Be aware that Buds & Babes has no control over User Content once it leaves Buds & Babes' Web Properties, and it is possible that others may duplicate material found on Buds & Babes' Web Properties, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of the Buds & Babes' Web Properties.

You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Buds & Babes' Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Buds & Babes' Web Properties.

In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.

Buds & Babes does not endorse or control the User Content transmitted or posted on the Buds & Babes' Web Properties and therefore, Buds & Babes does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of the Buds & Babes' Web Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Buds & Babes be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Buds & Babes' Web Properties.

You acknowledge that Buds & Babes has the right - though not the obligation - in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you.  Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Buds & Babes has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit UGC to Buds & Babes' Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services Buds & Babes provides.

Buds & Babes respects the copyrights of others.  If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to The Director, Buds & Babes Asia Pacific Pty Ltd,  Suite 1.22 Level 1, Collins of Bourke, 90-96 Bourke Road, Alexandria NSW 2015 Australia or to help@budsbabes.com.au.  Any personal information you provide in your e-mail will be used only for purposes related to your e-mail.
While Buds & Babes strives to make Buds & Babes' Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you.  By using the Buds & Babes' Web Properties you acknowledge and agree that Buds & Babes is not responsible for others' misuse of information publicly disclosed here.  Please carefully select the type of information that you post or share, and report any abuses to us.

General

1. If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).

2. Subject to clauses 8.2 and 8.3 and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by Buds & Babes), the Legal Notice on the website and Buds & Babes' Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.

3. Orders and these Terms of Trade will be governed by the law applying in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.

The information contained within this document relates to the Buds & Babes Australian online store, trading under Buds & Babes Asia Pacific Pty Ltd.

The Terms of Trade and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores. 

Please read these Terms of Trade carefully as they contain important information including warranty disclaimers and limitations of liability.