Ainsley Davenport Pty Ltd – Trading as Cute As®
This website under the domain name cuteas.online (the "Website") is owned and operated by Ainsley Davenport Pty Ltd (referred to as “Ainsley Davenport”, "Cute As", "we, "us" or "our" in this policy).
These Terms and Conditions form a contract between Cute As and you the customer and apply to the use of this website, including but not limited to, accessing, browsing, purchasing goods from this website. In using our website for these or any other purposes, you are bound by these Terms and Conditions.
As the customer it is your responsibility to read these terms carefully before you proceed. These Terms and Conditions must be read in conjunction with all other Terms and Conditions governing the use of this website. Please read these Terms and Conditions carefully as they contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not agree to these Terms and Conditions you should refrain from using the website.
The following definitions are used in our Terms and Conditions.
Terms and Conditions means these Terms and Conditions, as amended from time to time.
We, Our, Us, Cute As, cuteas.online, means Ainsley Davenport Pty Ltd ABN: 58 618 270 607.
You and Your means you as the customer or purchaser of good(s) from Cute As pursuant to these Terms and Conditions.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third-party delivery or shipping company for Cute As.
Delivery Fee means the fees charged by the Delivery Agent of Cute As for the delivery of Goods.
Goods means the items offered for sale, described or displayed on the Website.
Business Day means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
Order means a request by you to purchase Goods from Cute As in accordance with these Terms and Conditions.
Gift Cards means an electronic gift card through the acquisition of which you or a recipient may make non-cash payments for goods from Cute As.
Personal Information means as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia and New Zealand, the specified price includes GST)
GST means in relation to orders for delivery within Australia, this is a Tax System (Goods and Services Tax) Act 1999 (Cth);
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Returns Policy means the Ainsley Davenport Pty Ltd Returns Policy found on the Website Returns and Refunds
Website means www.cuteas.online
Website Terms means the Terms and Conditions governing your use of the Website.
2. COMPLIANCE WITH OUR TERMS AND CONDITIONS
2.1 By using our website you agree to be bound by these Terms and Conditions when you place an order.
2.2 Each order you place with Cute As is a separate and binding agreement between you and Cute As in accordance with these Terms and Conditions.
3. PLACING ORDERS
3.1 You may place an order using our online order process on our Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and, for the avoidance of doubt, for deliveries to Australia and New Zealand, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Cute As will not be liable to you for your loss or those of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Cute As is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Cute As. You agree to obtain consent from the recipient of a gift when providing their personal details to Cute As.
3.5. You may Order from Cute As if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of AU$2,000 (including GST).
3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
3.9 In submitting an Order you represent and warrant to Cute As that:
- You are over the age of 18 years;
- You have read and agree to these Terms and Conditions; and
- You have complied with all applicable Laws.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Cute As reserves the right to accept or reject your Order for any reason at any time. Cute As retains the right to determine what it can and cannot deliver to any particular location.
4.2 When we accept an Order, it represents an agreement by Cute As to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Cute As will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Cute As is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.3 and 4.4.
5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Cute As will contact you within five (5) Business Days to arrange a full or partial refund at your direction. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Cute As is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Cute As will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Cute As will proceed to fulfill the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfillment of your Order, you can return your entire Order to us as an Order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
- all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- you have read any corresponding written description of the Goods prior to submitting your Order;
- the colour of Goods as shown on the Website may vary slightly in shade in real life;
- where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 Prices are displayed in Australian Dollars, as indicated by the “AU$”. Where you access the website from an IP address located within Australia, Prices displayed will include GST.
6.3 Cute As reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
- the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
- the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card. When paying by credit card, you authorise Cute As to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Cute As before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive an invoice by email once payment in respect of your Order has been processed.
6.9 Cute As uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 Cute As uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Delivery and Returns section of the website for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the Delivery and Returns section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
- Cute As cannot guarantee that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, Cute As is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
7.6 If the Delivery Agent is unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. Within Australia, undeliverable Goods will generally be left at a local Australia Post outlet. Within New Zealand, undeliverable Goods will generally be left at a local New Zealand Post outlet.
7.7 Where you do not collect your Goods from the outlet specified on the calling card within 10 working days of a failed delivery, you must contact our Customer Service Centre using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Cute As is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Cute As is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
9.5 No exchange or refund on any product that has been personalised, unless the product is faulty. We will accept returns for faulty products.
9.6 You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
10. PROMOTIONS AND DISCOUNTS
Cute As Website offers and promotions may only be used at Cute As and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at Cute As. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and Conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Any % off stated applies to RRP of full priced items and is not available on gift cards.
11. GIFT CARDS
11.1 Additional Terms and Conditions regarding the use of Gift Cards may be set out on our Website.
11.2 Gift Cards are treated like cash. If your Gift Card or redemption code is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash.
11.3 Gift Cards expire twelve months from the issue date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.
11.4 Gift Cards are to be used for the purchase of goods on Cute As. A limit of AU$500 per gift card and gift cards totaling no more than AU$2,000 per Order applies.
13. WEBSITE TERMS
The Cute As Website Terms form a part of these Terms and Conditions.
14. WARRANTIES YOU MAKE TO CUTE AS ONLINE
You represent and warrant to Cute As that:
- all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Cute As;
- any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
- you are over the age of 18 years;
- in placing your Order, you have read and agreed to these Terms and Conditions; and
- in placing your Order, you have complied with all applicable Laws.
15. CUTE AS LIABILITY TO YOU
15.1 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
15.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Cute As excludes, all implied terms and warranties whether statutory or otherwise, relating to our Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ).
15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16.1 Cute As reserves the right to, at its discretion, terminate your access to and use of the Website:
- for convenience, at any time, upon provision of notice to you;
- immediately (i) if Cute As reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17.1 Cute As reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Cute As Online with respect to that Order.
17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by Cute As to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Cute As does not preclude its future exercise or the exercise of any power or right.
17.5 The laws of NSW, Australia govern this agreement. Your transaction is deemed to have taken place in South Bowenfels, NSW.
18. CUTE AS LOYALTY PROGRAM TERMS AND CONDITIONS
18.1 Program Details:
- The Cute As Loyalty Program (the Program) is run by Ainsley Davenport Pty Ltd.
- As a member of the Progam you may be entitled to receive sale preview and specials (priority notifications, gift vouchers, birthday rewards);
- You cannot combine from the Program with any other program, offer or promotion being run by Cute As;
- To become a member of the Program you will need to register at www.cuteas.online. It is your responsibility to ensure you update your details if they change;
- You must not allow any other person to use your membership details. You agree that you are solely responsible for all activity that occurs using your membership details, including the purchase of any goods. You also agree that you will be responsible for the conduct of any person who uses your membership details, whether or not you have authorised that use;
- You may apply for membership of the Program if you are aged 18 years or over and have an active email account. You will be required to complete mandatory fields including name, e-mail address and date of birth. Post code is not mandatory, but will be prompted at sign-up.
- Membership of the Program is free; however, we may refuse your application or terminate your membership for any reason and at any time.
- Registering with the Program constitutes your acceptance of these Terms and Conditions.
- As part of your membership you can allow us to contact you with invitations, offers and promotions. If you do not wish to be contacted, please do not exercise the option to receive these when you register or you can exercise the “unsubscribe” option on these invitations, offers and promotions at any time. If you unsubscribe, you’ll still be a member of the Program, get access to any available discounts when you login using your membership and be notified of loyalty rewards but you will not receive other invitations, offers and promotions.
- Respecting your personal information is very important to us.
18.4 Security and Viruses
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
18.5 Limitation of Liability
To the maximum extent permitted by law, Cute As and its related companies and the directors, officers, employees, agents and contractors of those companies exclude all liability for any loss or damage (whether direct, indirect or consequential) including loss or damage arising out of negligence, which you may suffer as a result of being a member of the Program.
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
We may decide to suspend or discontinue the Program at any time. We will contact you on the email address that you have provided if the Program is to be suspended or terminated.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.
- Any failure by us to enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms and Conditions.
- This document is governed by and is to be construed in accordance with the laws applicable in NSW. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in NSW and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
- Cute As makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
- Only you and Cute As shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
- Cute As may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us here.
- Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
- A failure or delay by Cute As to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Cute As does not preclude its future exercise or the exercise of any power or right.
Ainsley Davenport Pty Ltd ABN 58 618 270 607
Latest Revision: 16/03/2018