terms & conditions.
Welcome to happymash [ABN 13351248067] and www.happymash.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
You must be 18 and over or have parental consent to use our website.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of QLD and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing email@example.com. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
To direct concerns about third party products and services to that third party
Our website and services may include advertisements for third party products and services. We have no control over the advertisements and websites of third parties, and we are not responsible for their content, or their products or services. We do not endorse, nor make any representation or warranties concerning any advertisers goods or services seen on our website. In some cases we may have a relationship with that third party who may pay us a referral fee or a commission when you buy their products and services. However, any purchase by you is a contract between you and them and we are not to be involved. You must direct any concerns about third party products and services directly to that third party.
To not rely on any “advice”
Some of the information we provide on our website may be “medical” or “health” related information. It does not constitute any “medical” or “health” advice and we provide this information for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk, and you should always seek independent professional advice before reliance on the information.
To be respectful when posting
We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
- any disrespectful, inappropriate, offensive, threatening or abusive content;
- any content that breaches the rights of a third party (eg which is defamatory)
- any content that impersonates any other person, or misleads us as to the origin of your posts; or
- any advertising, self-promotion or sales.
Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
- our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
- our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at firstname.lastname@example.org if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
This Agreement is governed by the laws in QLD, Australia and the parties submit to the jurisdiction of the courts of QLD, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Anna Walsh AKA Katherine Fenton t/as happymash [ABN 13351248067] and includes any of our employees, agents, partners and contractors.
ADDITIONAL TERMS OF SERVICE FOR CUSTOMERS
Things you must do before purchasing Products on our website
- be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- pay for the Product via the published payment methods available;
- have any special offer coupons ready as they must be used at the time of purchase to apply – they cannot be applied retrospectively;
- be careful with your order because after placing an order we may not be able to cancel it as it will have been processed and paid for by us.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that there may be:
- occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
- colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;
- Products we display that are only available through our website; and
- some Products with limited quantities, and some sales that are limited to certain regions or groups of people.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
You further acknowledge and agree that where payments for Products are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided.
Things you must do after purchasing on our website
- contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries;
- comply with the manufacturer’s or our instructions in relation to the Product;
- contact us by email at email@example.com if you have any issues with the Product and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including shipping charges, delivery times, availability and promotions;
- change prices or descriptions of our Products;
- change our range of Products, or discontinue Products and/or
- cancel orders if information is inaccurate.
We make deliveries at your option and your cost
We deliver Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of payment, and send and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Product repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage.
Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer’s and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.
If we need to cancel your order we will provide a refund
Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Products at any time
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services.
ADDITIONAL TERMS FOR WHOLESALERS
Placing your order and payment terms
We require you to make a Minimum Order of our Products to enable you to receive the benefit of our wholesale prices. When buying stock a 50% deposit is required when an order is confirmed and the remaining 50% balance is to be paid before fulfilment can be completed, this includes all shipping costs which are due before shipment of the Products. Risk and ownership in the Product passes to you after receipt of payment. When you place an order a contract for the supply of goods is not entered into immediately, but rather, when you receive our confirmation email. Once a contract has been made, if you want to cancel the order please contact us immediately. Any cancellation will be at our discretion, because steps may already have been taken to fulfil your order. You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided.
At all times you must ensure the Products are sold at the Minimum Retail Price. All our packaging and labelling is to remain on our Products. must not modify our Products for resale or distribution. You must not markdown any Products without our prior written consent. All marketing of our Products must be in line with our brand aesthetic, and may be monitored at our discretion.
You should ensure that you are able to take delivery of the Product; where you refuse to accept a delivery or fail to collect the Product where a pick up has been advised, we may charge you for reasonable costs such as administration and storage.
Defects and returns
To the extent permitted by law, we make no representations or warranties regarding any merchantability, fitness for purpose or use, or suitability for resale in relation to the Products supplied to you. You must inspect the Products on delivery and advise us within 7 days of any alleged defect, shortage in quantity, damage or failure to comply with the order or any descriptions. You must facilitate an inspection by us of the Products. Where no notification is advised, the Products will be presumed to be free of defects, and damage, and in accordance with the order and descriptions.
We do not accept returns for unsold Products.
Our Marketing Materials
Where we provide you with our marketing materials, you acknowledge and agree that you must advertise in accordance with our instructions from time to time. All Intellectual Property Rights in all marketing materials are retained by us.
If you provide testimonials we may use them freely
If you provide us with photos, videos testimonials or case studies of your customers, you warrant that you have the required copyright permissions pursuant to the Copyright Act 1968 to grant us the right to reproduce it wholly or in part. We may use the material for marketing and information purposes, publications, exhibitions and professional awards across any print or digital medium, including any social media channel. You must seek our prior written consent before any publication of information about us.
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, limited stock, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of the products or the supply of equivalent products; or
- the payment of the cost of replacing the products or of acquiring equivalent products.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement. Where you are a wholesale customer, you agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement; your breach of the Australian Consumer Law, and any lost or stolen Products during delivery, or any late delivery.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including, but not limited to an act of God such as earthquakes, floods, pandemics, war or hostilities, riots, strikes, disorder or acts of threat or terrorism, or failure of electrical supplies.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Minimum Order means the minimum order Products. Please contact email@example.com for Minimum Order quantities.
Minimum Retail Price means the price of Retail must be inline with our website.
Products means any product available through our website, and includes any pleasure product, lubricant, vibrators, and sex toys for women.
We, us, or our means Anna Walsh AKA Katherine Elizabeth Fenton happymash [ABN 13351248067] and includes any of our employees, agents, partners, and contractors.
Website and Services means www.happymash.com.au, and everything available on this website including, but not limited to, all Products and any services.