Terms and Conditions of Sale

Thank you for visiting our website, basilbangs.com ("Website"). Basil Bangs Pty Ltd ("BB") provides content, services, and products on our Website subject to the following conditions.  

We may from time to time change the terms that govern your use of our website ("Site"). We may also change, move, delete or edit our Site.

By visiting our Website, you accept these Terms of Use and Conditions of Sale so please read them carefully. If you do not agree with our Terms of Use and Conditions of Sale, please do not visit our Website.

I. GENERAL

This Website is owned and operated by Basil Bangs Pty Ltd, a Sydney based company with an address at 6, 8 Orchard
Road, Brookvale NSW Australia.

 II. OTHER SITE POLICIES REGARDING YOUR PRIVACY AND TERMS OF SALE

Please review our Privacy Policy Notice, and Customer Service Policies which are incorporated by reference into these Terms of Use and Conditions of Sale (together "Website Policies"). All of our Website Policies apply to your visits to our Website, as well as all purchases from our Website.

III. LICENSE AND SITE ACCESS

basilbangs.com grants visitors to our Website a limited, non-exclusive, and non-transferable license to access, visit, and make personal use of the contents of our Website, but not to download any portion of the Website. The limited license does not permit your resale or commercial use of our Website, nor does it permit you to collect or use our product listings, descriptions, or prices included therein, nor does it permit any derivative use of our Website. You may not use framing techniques, meta tags, or similar technologies with respect to the Website, our trademarks, or other proprietary information.

This limited license is terminated upon any unauthorised use of our Website. You are responsible for any damages or other harm arising out of your unauthorised use of our Website and its content. Basil Bangs Pty Ltd. will not be liable for any use of the Website and its content made by you which violates applicable laws and regulations, and our Website Policies. 

IV. ESTABLISHING AN ACCOUNT

We do not sell products or services for purchase by children. If you are under 18, or under the age of majority in your state, you may only purchase products or services from our Website with the consent of a parent or guardian. You must establish an account with us in order to purchase products or services from our Website. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information. You agree to update your information when necessary to keep your account information current and accurate. You are responsible for strictly maintaining the confidentiality of your account information and password, and for restricting access to such information and to your computer. You agree to be responsible for all activities that occur under your account or password.

V. SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site are protected by copyrights and international treaty provisions owned, controlled or licensed by Basil Bangs, or its affiliates. The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by Basil Bangs.

All content on our website are intended solely for personal, non-commercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.

VI. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with
us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

VII. PRODUCT INFORMATION

Most Basil Bangs products displayed on the Site are available from select retailers in
Australia and in select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available through other retailers’ stores. The prices displayed on the Site are quoted in Australian Dollars (AUD), inclusive of tax.

VIII. DESCRIPTION AND REPRESENTATION OF PRODUCTS

We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product. Basil Bangs umbrellas are individually printed and hand assembled, therefore colour variations may occur and no two products will ever be identical. We have made every effort to display, as accurately as possible, the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We have a policy of continuous product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice.

IX. ACCEPTANCE OF YOUR ORDER

Upon your placement of an order through our Website, we will send you an email providing details of your purchase. Acceptance of an order is not complete until the order has been packed for shipment. A transaction contract is completed upon our dispatch of an order for shipment, at which time we will send you an email confirming shipment and provide tracking information. Basil Bangs reserves the right to cancel and refund an order for any reason, prior to shipping, at its discretion.

X. PAYMENT

basilbangs.com accepts payment made by Visa, MasterCard, American Express, and any other methods which are advertised on our Website. Payment will be charged upon completion of packing for shipment. If an item ordered is temporarily out of stock, customers will be notified immediately by email and will not be charged until an item has become available and is packed for shipment. If an item is out of stock and is not
expected to become available, customers will be notified immediately by email and will not be charged. All payment transactions on this website are processed by a secure online payment agent that encrypts your credit card details in a secure hosted environment. By placing an order through the Website, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilise the card to effect payment. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

XI. ORDER TRACKING

Customers will be notified of dispatch and delivery via email, and provided with tracking. 

XII. RETURNS, EXCHANGES, GIFT RETURNS, REFUNDS, AND LATE RETURNS

All returns must be pre-authorised, and pending inspection the product will be repaired, or a refund, credit or exchange will be issued to you at the discretion of Basil Bangs. Returns are accepted for genuine faults to Basil Bangs products and these returns must take place within 14 days of receiving the goods, following the returns process outlined on basilbangs.com. Basil Bangs reserves the right to cancel and refund an order for any reason, prior to shipping, at its discretion. 

XIII. PERSONAL USE

Products offered for sale through our Website are only for personal use, and not for re-sale. By placing an order through our Website, you certify that you are purchasing our products for your personal use only and not for resale. We reserve the right to refuse orders which, we reasonably believe, are intended for resale.

XIV. PRICING

Prices listed on our Website include all relevant sales tax (GST). Any taxes will be calculated and displayed for your approval prior to final confirmation of your order.

XV. FINAL SALE

All items marked Final Sale on our website are considered non-returnable under any circumstances and not eligible for refund, exchange or store credit regardless of size. These items cannot be authorized for return under any circumstances. In the event that we receive a return marked "Final Sale", the item will be returned to sender sans refund. Gift Card purchases are also final sale and cannot be returned for a refund. Gift Cards are valid for 36 months (3 years) from the date of issue.  

XVI. COPYRIGHT

All content on our Website, including but not limited to images, product descriptions, drawings, figures, logos, menus, webpages, graphics, colours, fonts, schemes, layouts, processes, functions, and software (collectively "Content") is the property of Basil Bangs, and is protected by domestic and international copyright, and other intellectual property laws. Publication, reproduction, distribution, or modification of our Content, in whole or in part, is forbidden without the express written consent of Basil Bangs.

XVII. INACCURACY DISCLAIMER

From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not completely satisfied with your basilbangs.com purchase, please see our ‘Returns’ policy.

XVIII. TRADEMARK

Basil Bangs and basilbangs.com (collectively "Marks") are registered trademarks, trademarks, or trade dress of Basil Bangs in Australia and/or other countries. Except with prior written approval, Basil Bangs does not give permission to use the Marks in connection with any product or service. The Marks may not be copied, imitated, or used in whole or in part, without Basil Bangs Pty Ltd's prior written consent. All other trademarks not owned by Basil Bangs Pty Ltd. that appear on this site are the property of their respective owners and are used with permission.

XIX. DISCLAIMERS

Basil Bangs makes no representation or warranty of any kind, including the warranty of merchantability, fitness for a particular purpose, reliability, accuracy, non-infringement and the like, in connection with the use of our Website. The Website is provided by Basil Bangs on an "As Is" and "As Available" basis. We make no warranty or representation that our Website will be continuous, uninterrupted, timely, secure, or error-free. From time to time, our Website may be unavailable due to maintenance or other reasons. Basil Bangs makes no representations that our Website or sites that may be linked to it or from it are free from error. You agree that we shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of transactions or communications. You expressly agree that your use of our Website is at your sole risk. Basil Bangs will not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software, or failures resulting from technical problems or Internet traffic congestion, including injury or damage to your computer, or other hardware or software related to or resulting from using or visiting our Website. Basil Bangs cannot guarantee that the use of our Website, our servers, or e-mail sent from our Website will be free of viruses or other harmful components.

XX. LIMITATIONS ON LIABILITY

Basil Bangs will not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or relating to: (i) your use of our Website; (ii) your use of any site linked to or from our Website; (iii) information made available to you on or through our Website; (iv) or in connection with the purchase or use of any other products or services. You expressly agree that Basil Bangs (including its officers, directors, shareholders, employees and agents) shall not be liable for any direct or indirect, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if Basil Bangs has been advised of the possibility of such damages) arising out of or in connection with our website, including without limitation, its termination or uspension, your account, or this agreement. If any problems arise with our Website or its Content, you agree that your only remedy is to stop using our Website. If you have any problems with products or services purchased through our Website, then you agree that your only remedy is an exchange or refund of your purchase price in accordance with our Return Policy.

XXI. INDEMNIFICATION

By purchasing products or services from our Website, you agree to indemnify and otherwise hold harmless Basil Bangs, its officers, directors, shareholders, employees and agents from any direct, indirect, incidental, special, consequential or exemplary damages arising out of or relating to your use of our Website, including, but not limited to your breach of our Website Policies.

XXII. LINKING TO THIS SITE

Except with our prior written consent, you may not create or maintain a link from another website to our Website. If we do permit a link, you agree to comply with all applicable laws and regulations. Please contact us at hello@basilbangs.com if you are interested in linking to our Website.

XXIV. GOVERNING LAW; JURISDICTION; STATUE OF LIMITATIONS

This agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia, without regard to conflict of laws principles. Any legal action arising out of or relating to Website Policies must be commenced within one year from the date the cause of action accrued and will be subject to the exclusive jurisdiction of the state or federal courts located in Sydney, New South Wales, Australia and you hereby consent to the personal jurisdiction of these courts.

XXV. SEVERABILITY

If any provision of our Website Policies are found to be unenforceable, all other provisions will remain in full force.  

XXVI. CONTACT INFORMATION 

We strive to provide an enjoyable shopping experience through our Website. Should you ever have questions about our Website Policies, please send an e-mail to hello@basilbangs.com. If you need assistance regarding order status, shipping, returns, or refunds, please contact us at hello@basilbangs.com.