Terms & Conditions

Terms and Conditions of Website Use

IMPORTANT: READ BEFORE YOU ORDER

1. The generation and forwarding of an order by you (the "Customer") using the Wholesale Website constitutes an offer to purchase the products from Bubbaroo Pty Ltd ("Bubbaroo"). All orders are subject to acceptance by Bubbaroo, and are otherwise subject to its general terms and conditions of sale.
2. The display of products and prices on the Wholesale Website does not constitute an offer by Bubbaroo to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes.
3. The Customer´s password and the Wholesale Website access details are confidential information and must not be disclosed to, or used by, any person except for those employees of the Customer or the appointed Bubbaroo Sales Agent with a "need to know" for the purposes of placing orders with Bubbaroo. The Customer or the appointed Bubbaroo Sales Agent must return this confidential information to Bubbaroo on termination of its relationship with Bubbaroo.
4. All intellectual property rights to the Wholesale Website, including design layout, graphics and content belong to Bubbaroo. No copying, modification or distribution of the same is permitted without the prior written consent of Bubbaroo.
5. Access to the Wholesale Website may be terminated at any time by Bubbaroo.
6. The Wholesale Website has been prepared for Australian and International Users. International Users electing Telegraphic Transfers to Bubbaroo Pty Ltd’s bank account will be sent a Pro-forma invoice which will include an AUD$13 bank fee in addition to any handling fee or freight charge.
7. Bubbaroo accepts no liability for the Customer´s security breaches, unauthorised use of the Customer´s credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
8. Bubbaroo shall not be responsible for any errors or omissions contained in or on the Wholesale Website. The Customer relies on the information contained in the Wholesale Website at its own risk. The information in the Wholesale Website is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
9. Bubbaroo reserves the right to make any changes to the information contained in and the layout of the Wholesale Website, including changes to its product range, ordering mechanisms and ordering terms.
10. Except in respect of implied warranties which cannot be excluded by law, Bubbaroo does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of the Wholesale Website or the products it supplies.
11. Bubbaroo shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the Wholesale Website or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise. 

Trading Terms and Conditions

IMPORTANT: READ BEFORE YOU ORDER

1. Scope: All goods and services ("Products") supplied by Bubbaroo Pty Ltd ("Bubbaroo") are supplied on these terms and conditions.
2. Order Acceptance: No order shall be binding on Bubbaroo until accepted by Bubbaroo through delivery of the Customer’s order. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Bubbaroo of an order from the Customer. Bubbaroo reserves the right to accept any order in whole or in part. Where Bubbaroo makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Bubbaroo. The Wholesale Website has been prepared for Australian and International Users. International Users electing Telegraphic Transfers to Bubbaroo Pty Ltd’s bank account will be sent a Pro-forma invoice which will include an AUD$13 bank fee in addition to any handling fee or freight charge.
3. Payment Terms: All credit orders are accepted by Bubbaroo subject to satisfactory credit approval of the Customer, and are governed by Bubbaroo´s credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required prior to delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or on terms agreed with Bubbaroo. Payment must be made in full without set off or deduction. Bubbaroo will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
4. Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Bubbaroo. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Bubbaroo, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Bubbaroo, to hold the proceeds of sale on trust for Bubbaroo, in an account in the name of Bubbaroo, until payment in full for the Products is made to Bubbaroo.
5. Delivery: Bubbaroo reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. A handling fee is also imposed for orders of less than ten (10) products in total.
6. Returns: Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer´s order, or which the law provides may otherwise be returned to Bubbaroo within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Products, at no cost to the Customer. In all other cases, Bubbaroo may, in its sole discretion, allow the Customer to return Products to Bubbaroo and obtain a credit, subject to the following:
       a) except for specially purchased products, products specifically tailored for the Customer´s requirements,; 
       b) provided that it does so within 7 days of delivery and a return authorisation is obtained from Bubbaroo;
       c) the written consent of Bubbaroo must be obtained before the Goods are returned; 
       d) a Bubbaroo Product Return Slip must accompany all claims; 
       e) the Customer pays all costs associated with packing and shipping the returned Goods unless otherwise agreed by Bubbaroo in writing; 
       f) provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition; 
       h) on the basis that risk in the Products remains with the Customer until the Products are received by Bubbaroo, and that a restocking or return fee of 10% applies in addition to any freight charge.
   Bubbaroo will not, under any circumstances be liable for any claim, liability or expense arising directly or indirectly from non-delivery or delay in delivery of Goods caused by weather, industrial action, unavailability of raw material for any reason or from any unexpected cause beyond Bubbaroo’s control directly or indirectly affecting the availability of the Goods.  No contract with the Customer shall be a sale by sample unless otherwise expressly stated by Bubbaroo.  Notwithstanding the provisions of this clause 6, Bubbaroo will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
7. Customer Specific Stock: Where Bubbaroo has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Bubbaroo may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Bubbaroo against all claims, demands, loss, costs and expenses incurred by or made against Bubbaroo, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Bubbaroo may use, print or reproduce at the Customers request.
8. Liability: Except for those required or implied by legislation, Bubbaroo gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Bubbaroo. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Bubbaroo under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option of Bubbaroo to:
       a) If the breach or liability relates to Goods:
           (i) the replacement of the Goods or the supply of equivalent Goods;
           (ii) the repair of the Goods;
           (iii) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
           (iv) the payment of the cost of having the Goods repaired;
       b) if the breach or liability relates to services;
           (i) the supplying of the services again; or
           (ii) the payment of the cost of having the services supplied again.
   Except to the extent the law provides that liability is not able to be excluded, Bubbaroo shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Bubbaroo or the failure of Bubbaroo to comply with these terms and conditions.
9. Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer´s order. In the event of any inconsistency, Bubbaroo will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Bubbaroo reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when order is placed via the Wholesale Website, which are displayed on the Wholesale Website.
10. GST: Bubbaroo reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.
11. Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of Western Australia and the parties agree to submit to the jurisdiction of the courts of that state.
12. No Waiver: The failure by Bubbaroo to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

Privacy Statement

IMPORTANT: READ BEFORE YOU ORDER

1. All personal information collected and stored by Bubbaroo Pty Ltd ("Bubbaroo") as a result of your use of the Wholesale Website is used by Bubbaroo only for the purposes of facilitating the supply of products and services to you, the customer and servicing our relationship with you. It is not disclosed to any third party, except where the customer has authorised disclosure to a third party e-commerce facilitator.
2. Customer contact information may also be used by Bubbaroo for some direct marketing purposes.
3. Cookies generated by the use of the Wholesale Website are used only to validate access to the Wholesale Website. They are not used to identify individuals, nor used to track navigation patterns, or the address of the website from which a customer may have entered the Wholesale Website. 

Intellectual Property

IMPORTANT: READ BEFORE YOU ORDER

1. Copyright in the design, layout, graphics and other content of this Web Site belongs to Bubbaroo Pty Ltd (“Bubbaroo”). Copying, modification, reproduction or distribution of the same without the prior consent of Bubbaroo is prohibited.
2. Bubbaroo is the registered or common law owner or licensed user of the following trademarks and all intellectual property rights associated therewith.
3. No copying, modification or distribution of these marks is permitted without prior consent. Nothing on this Web Site may be construed as granting to any user any licence whatsoever in respect of the intellectual property appearing on this Web Site.
4. Bubbaroo makes no representations or warranties that the use of this Web Site or the information contained herein will not infringe any person’s intellectual property rights. 

Content And Liability Disclaimer

IMPORTANT: READ BEFORE YOU ORDER

1. Bubbaroo shall not be responsible for any errors or omissions contained in or on this Web Site. You rely on the information contained in this Web Site at your own risk. The information in this web Site is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
2. Bubbaroo reserves the right to make any changes to the information contained in and the layout of this Web Site, including changes to its product range, ordering mechanisms and ordering terms.
3. Except in respect of implied warranties which cannot be excluded by law, Bubbaroo does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of this Web Site or the products it supplies.
4. Bubbaroo shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to this Web Site or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
5. Bubbaroo utilises rounding in their pricing. This may cause variances between the single price and the total price displayed. 

Information

IMPORTANT: READ BEFORE YOU ORDER

1. Unless specifically labelled otherwise, and accepted on that basis by Bubbaroo, all information provided to Bubbaroo in connection with this Web Site shall be treated by Bubbaroo as non confidential.
2. The contents of this Web Site have been prepared for Australasian audiences only.

Website Links

IMPORTANT: READ BEFORE YOU ORDER

1. Bubbaroo accepts no responsibility or liability for the content of any other website which is linked to this website, nor does the existence of such a link imply any endorsement, representation or support by Bubbaroo.