Terms and Conditions

 

  1. Introduction
  2. Welcome to the Buffalo Girl website (‘Website’).
  3. Buffalogirl.com is an online service of Buffalo Girl Byron Bay ABN 68 653 645 906 (‘Buffalo Girl/We/Us/Our’) provided for your personal use for the sale of bags, accessories and other items (‘Products’).
  4. By using the Website, you warrant that you have read, understood and agree to all of these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Website.
  5. We reserve our unfettered right to amend, add, change, alter or delete these Terms and Conditions at any time without prior notice to you.  Any such changes made to these Terms and Conditions will come into force upon publication to the Website. 
  6. Continued use of the Website and your account after any amendments constitutes acceptance of the new Terms and Conditions by you.
  7. Such amendments, additions, changes, alterations or deletions will become the Terms and Conditions.
  1. Accounts Registration
  1. You may register for an account on the Website by clicking the “Create” button at the end of the “Create Account” process and clicking on the verification link in the email that the Website will send to you (‘Account’).
  2. When creating your Account, you will be required to choose a password. You must keep your password confidential.
  3. You are solely responsible for any activity that occurs on your Account, including Orders placed using your Account. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account password secure.
  1. Purchases
  1. Orders
    1. An order is made by you when you click the ‘Pay Now’ or some such similar button at the end of the checkout process (‘Order’).
    2. To place an Order you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under the age of 18, you may only place an Order with the supervision of a parent or legal guardian. We are not responsible for any unsupervised activity conducted by persons under the age of 18 including purchases of any Products.
    3. You may place an Order without having registered for an Account on the Website.
    4. Any Order placed by you on the Website is an offer by you to purchase a particular item for the price advertised on the Website and displayed during the checkout process (including delivery fees and GST).
    5. A legally binding contract will be made between you and us upon us sending a tax invoice for your Order and or email confirmation of your payment.  Non-receipt of these for any reason, including you entering an incorrect email address, will not prevent a legally binding contract being made.
  2. Custom Orders
    1. You may directly place an Order for a Product which appears in our catalogue or marked ‘SOLD’ on the Website. You may order a customized Buffalo Girl Product with aesthetic changes to the design of the Product (‘Custom Order’).
    2. Buffalo Girl will not accept Custom Orders based on designs by any person or business other than Buffalo Girl.
    3. Buffalo Girl does not accept liability for any infringement on intellectual property belonging to someone else arising out of a Custom Order. You accept all liability and responsibility for any intellectual property infringement arising out of your Custom Order.
    4. All Custom Orders may be discussed with us by email via sales@buffalogirl.com.
  3. Prices
    1. As we are based in Australia, we charge for your Order in Australian dollars. The actual price charged to overseas customers will be subject to the exchange rate applied by the payment provider you have used.
  4. Payment
    1. You must pay for an Order in full at the time of ordering by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for your Order.
    2. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase.
    3. If there are insufficient funds available in your nominated bank account to meet a payment:
      1. You may be charged a fee and/or interest by your bank;
      2. You may be charged a fee to reimburse us for any charges incurred for the failed transaction; and
      3. You must arrange for the payment to be made by another method or arrange for sufficient funds to be in the your account within the next 7 days or another time agreed in writing by us and you so that the we can process the payment.
    4. Payment made through Zip Pay are subject to Zip Pay’s terms of use. We are not responsible for Zip Pay’s decisions to allow you to use their service, or provide any warranties or assurances about them.
  1. Delivery
  1. We aim to dispatch your Order to the place of delivery (‘Delivery Location’) within 3 business days of the date of Order. In some circumstances, including Custom Orders, the handling time may be longer, and we aim to dispatch your Order within 7 business days.
  2. All domestic Orders are shipped through Fastway Couriers, or Australia Post where Fastway Couriers does not deliver to the Delivery Location.
  3. Overseas Orders valued under AUD$600.00 are shipped via Australia Post. Overseas Orders valued AUD$600.00 or above are shipped via DHL Express.
  4. We are unable to deliver Orders to PO boxes outside of Australia. If you are located outside of Australia, we request you provide a street address and phone number for the Delivery Location to avoid delays with delivery.
  5. You are responsible for any duties, custom charges and fees (including GST on duty/freight) that may be charged to you for a delivery to a Delivery Location outside of Australia. We are not responsible for and will not reimburse any of these duties, custom charges or fees.
  6. We are not responsible for the delivery times of the delivery service used for your Order.
  7. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
  8. Unless otherwise specified to you, all risk in the item/s shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the item/s.
  1. Refunds and Cancellation
  1. Cancellations
    1. We reserve the right to cancel your Order for any reason, including but not limited to:
  1. the unavailability of a Product;
  2. if we suspect that you might on-sell our Products to other consumers;
  3. if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
  4. an error in your Order.
    1. We will notify you of any cancellation if this occurs and return any payment you have made.
    2. Any cancellations made by you after 48 hours from the time of purchase may at our discretion, result in the forfeiture of payment.
  1. Change of Mind Returns
    1. We do not accept returns of items due to a change of mind. Please consider this before making an Order.
  2. Faulty Products
    1. We stand by the quality of our Products and source all our materials individually, aiming for the highest standards.
    2. If your item is determined by us to be faulty or damaged upon delivery, Buffalo Girl will repair or replace your item, as necessary, at no charge to you.
    3. If your item has an obvious defect within three months of delivery, we will repair or replace the item, as necessary, at no charge to you.
    4. It does not constitute a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with the manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
    5. Any damage caused to the item by you or occurring outside the three-month warranty period will not be replaced by us. We offer a repair service on such items at a cost to you including the cost of postage.
    6. We strongly encourage you to first seek help with your local leather shop, which may be able to repair the item at significantly lower cost.
    7. Please contact us via email at sales@buffalogirl.com if you have any issues with the quality of your items.
  3. Incorrect Products Delivered
    1. In the event a mistake has been made by us and an incorrect Product or Products are delivered to you which do not reflect your item(s) contained in your Order (‘Incorrect Product’), we will accept the return of the Incorrect Product and provide a full refund of the cost of the Incorrect Product, together with reimbursement of the reasonable postage costs associated with the return of the Incorrect Product by way of the original payment method.

 

    1. All returns of Incorrect Products are subject to the below rules:

 

      1. You are required within 21 days of the delivery of the Incorrect Product to contact us via email at sales@buffalogirl.com and provide us with notice of the delivery of the Incorrect Product together with supporting documentation including proof of your order, receipt and any other relevant information (‘Notice’).  We will provide you with information about the return address of the Incorrect Product;
      2. the Incorrect Product must be returned within 14 days of us confirming the return address to you;
      3. the Incorrect Product must be in its original condition and any tag or label must still be attached;
      4. the Incorrect Product must be returned in its original packaging as applicable;
      5. The Incorrect Product must be accompanied with the order receipt and any other supporting documentation including correspondences with us;
      6. The return of any Incorrect Products is your responsibility until they reach us, so please:
  1. retain proof of postage; and
  2. ensure the Incorrect Product is packaged correctly to avoid any damage;
    1. The determination of whether the Incorrect Product is still in its original condition is at the sole discretion of us and we have the right to reject any request for returns accordingly.  Any rejected request for return items can be returned to you at your own cost; and
    2. If we determine an Incorrect Product is still in its original condition and you are entitled to a refund, we will confirm this to you in writing and will make payment of the refund within 14 days of making this confirmation unless otherwise agreed.
    3. Nothing in this clause is intended to exclude any rights in clauses 5.3 and 5.4 or any of your statutory rights as a consumer under Schedule 2 of the Competition and Consumer Law Act 2010 (Cth) or equivalent State or Territory laws (‘Australian Consumer Law’).
  1. Intellectual Property
    1. Buffalo Girl and/or its licensors own all the intellectual property rights including any beneficial and legal ownership and intellectual and industrial protection rights throughout the world, both future and present, including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trademarks, logos, photographs, graphics, service marks, designs, circuit layout and performance protection (whether or not now existing and whether or not registered or registrable) and any right to apply for the registration of such right and all renewals and extensions connected with the Website, our Products or Buffalo Girl generally.
  1. Limited License

 

  1. We grant you a limited and non-exclusive license only to access and make personal use of the Website.
  2. This limited license does not give you the right to:
  1. make use of the Website or any material on the Website other than for personal use;
  2. download or modify the Website or its contents;
  3. republish material from the Website;
  4. sell, rent or sub-license material from the Website;
  5. create any derivative work based upon the Website or any material contained in the website;
  6. exploit material from the Website for a commercial purpose; or
  7. redistribute material from the Website
  1. Limited Warranties
  1. We do not make any representations or warranties of any kind related to the Website or the materials contained on the Website.
  1. Limitation of Liability
  1. Buffalo Girl will not be liable to you to the extent permitted by law in respect of any losses arising out of any event beyond our reasonable control.
  2. Buffalo Girl shall not be held liable for any event arising out of or in any way connected with your use of the Website.
  3. Buffalo Girl shall not be held liable for any indirect, consequential or special liability arising out of or in any way relating to your use of the Website.
  4. You agree that you will not bring a claim against any of our officers, agents, employees or shareholders in respect of any loss, expense costs or liabilities whatsoever you may suffer in connection with the Website or these Terms and Conditions.
  5. Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our liability for:
  1. fraud;
  2. death or personal injury caused by our Breach of Duty;
  3. any breach of the obligations implied or guaranteed by law (including the consumer guarantees under Australian Consumer Law); or
  4. any other liability which cannot be excluded or limited by applicable law.
    1. Notwithstanding any of the above, in the event of any action being taken against us or any of our officers, employees, agents or shareholders the amount of liability shall be limited to the Services, the value of which is to be determined by us.

 

  1. Indemnification
    1. You hereby indemnify and will keep indemnified Buffalo Girl to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising as a consequence of your use of the Website including any purchases or communications made using this website or these Terms and Conditions generally.
  2. Breaches
    1. Without limitation to our rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, directly or indirectly, caused by us or any employee or consultant or any others or if we reasonably suspect that you have breached these Terms and Conditions in any manner or form, we reserve all of our rights to make any application for injunctive relief, or otherwise or issue any legal proceedings without notice to you. 
  3. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
    2. You shall not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
  4. Severability
    1. In the event that any term or condition contained in these Terms and Conditions is found to be void or voidable by reason of any statute or rule of law or equity, then that term or condition will be of no force or effect and will be severed from these Terms and Conditions without affecting the validity and enforceability of the remaining Terms and Conditions.
  5. Entire Agreement
    1. These Terms and Conditions constitute the entire agreement between Buffalo Girl and you in relation to your use of the Website and supersedes all prior agreements and understandings.
  6. Governing Law and Jurisdiction

 

    1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New South Wales.

 

    1. Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

 

  1. Our legal representation

 

    1. Should you have any questions in relation to the this website, our intellectual property rights, these Terms and Conditions or our privacy policy please contact us or SLF Lawyers directly: jgdanski@slflawyers.com.au   https://www.slflawyers.com.au/

 

    1. We reserve all of our rights absolutely.