Terms of Services
Banksia Cove - Terms of Service
a. Acceptance of Terms
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Welcome to Banksia Cove! These Terms of Service (“ToS”) govern your use of the Banksia Cove website (“Site”), including any services, features, content, or products offered by Banksia Cove. By accessing or using the Site, you agree to be bound by these ToS. If you do not agree to these ToS, please do not use the Site.
2. Changes to Terms
Banksia Cove reserves the right to modify, amend, or update these ToS at any time without prior notice. It is your responsibility to review these ToS periodically. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes.
3. Use of the Site
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a. Our website is open to everyone, but if you are under 18 years old, you must obtain permission from a parent or guardian before making any purchases.
By accepting the terms and conditions, you are confirming that you are either 18 years of age or older, or you have received consent from a parent or guardian to place your order.
b. Account: Some features of the Site may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and current information when creating an account and to update it promptly if there are any changes.
c. Prohibited Conduct: You agree not to: Use the Site for any unlawful purpose or in violation of these ToS.
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Upload, post, or transmit any content that is harmful, threatening, defamatory, obscene, or otherwise objectionable.
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Attempt to gain unauthorized access to the Site, accounts, or any other computer systems or networks connected to the Site.
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Introduce any viruses, trojans, worms, or other malicious software.
Interfere with the proper functioning of the Site or its security features.
Use any automated means, such as bots or scrapers, to access or interact with the Site.
4. Product Sales & Pricing
a. Product Listings: Banksia Cove may offer products for sale on the Site. Product descriptions, prices, and availability are subject to change without notice. All prices are shown in Australian Dollars
b. Orders: By placing an order, you agree to pay the specified price for the product(s) ordered. Banksia Cove reserves the right to cancel any order for any reason, including but not limited to incorrect pricing or availability.
c. Shipping: Shipping and delivery times are estimated and may vary. Banksia Cove is not responsible for any delays or issues with shipping carriers.
d. Returns and Refunds: Please refer to our separate Refund and Refund Policy for information on returning products and obtaining refunds.
5. Use of Products
Regarding candles, wax melts, diffusers, and similar products, it is incumbent upon you, as the customer, to ensure that you have thoroughly reviewed and adhered to all safety instructions and recommendations provided. As the customer, it is your duty to use these purchased products correctly and for their designated purpose.
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Concerning Bath & Body items such as lotions, scrubs, balms, soap, etc., it is your obligation as the customer to thoroughly review all available product information, including ingredients and usage instructions. As the customer, it is your responsibility to use these purchased products accurately and for their intended purpose while ensuring there are no known allergies. Should you require additional details about our products, please do not hesitate to reach out to Banksia Cove.
6. Accuracy of information:
We make every effort to present precise information and images for each product in our collection. Since all our products are crafted by hand, there may be slight variations in colour or design compared to the original picture. Please note that the way colours appear can differ depending on the device you use to view them.
This site and its components are provided solely for informational purposes. The site shall not assume responsibility or liability for the accuracy, utility, or accessibility of any information conveyed or accessible through the site, nor shall it be held responsible for any errors or omissions in such information.
7. Intellectual Property / Copyright:
a. Ownership: The Site and its content, including text, graphics, logos, images, audio, video, and software, are the property of Banksia Cove and are protected by copyright, trademark, and other intellectual property laws.
b. License: Banksia Cove grants you a limited, non-exclusive, and non-transferable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from any part of the Site without prior written consent from Banksia Cove.
8. Privacy and cookies
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these ToS by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
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To enhance your browsing experience, this website employs cookies. By using this website, you consent to the utilization of cookies.
9. Disclaimer of Warranties
The Site is provided "as is" and "as available" without any warranties of any kind, either express or implied. Banksia Cove disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the fullest extent permitted by law, Banksia Cove shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory.
11. Governing Law
The ToS are subject to the laws of Queensland, Australia. Any disagreement, dispute, legal action, or claim, regardless of its nature and connection to the Terms and the rights they establish, will be regulated, interpreted, and enforced in accordance with the laws of Queensland, Australia. This will be done without considering conflict of law principles, even if mandatory rules are involved. There is no dispute over the legitimacy of this clause governing the law. The Terms will be binding and advantageous to the parties involved, including their successors and assigns.
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12. Contact Information
If you have any questions or concerns about these ToS, please contact us at info@banksiacove.com or visit our 'contact' page.
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Thank you for using Banksia Cove!