Terms of service

Terms of service

  1. OVERVIEW This website is operated by Bebe Luxe Pty Ltd. Throughout the Site, the terms “we”, “us” and “our” refer to Bebe Luxe Pty Ltd, and “Site” refers to this website, bebeluxe.com.au Bebe Luxe Pty Ltd offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and / or purchasing something from us ("Products”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  1. ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence and, if applicable, you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our Products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

  1. GENERAL CONDITIONS We reserve the right to refuse Service to anyone for any reason at any time.

You acknowledge that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Products, the Service, use of the Service, or access to the Service or any content on the Site, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. MODIFICATIONS TO THE SERVICE AND PRICES Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  1. PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the Site (Limited Edition Products and Services). Limited Edition Products and Services may have limited quantities and are subject to return or exchange only according to our Return Policy in accordance with Australian Consumer Law.

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any Product at any time.

Any offer for any Product or service made on this Site is void where prohibited in your jurisdiction.

No Warranty. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorised dealers, resellers or distributors. If you wish to become an authorised distributer, please contact admin@bebeluxe.com.au

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates as required, so that we can complete your transactions and contact you as needed.

 

  1. OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Such third-party tools include, but are not limited to, payment gateways such as PayPal and AfterPay.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

  1. THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.

 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We use our best efforts to keep the information on our Site accurate and up to date, however, except as required by law, we are not liable for information on this Site that is not accurate, complete, current or relevant to your needs.

 

The content on this Site and the content provided to you when you purchase or receive any of the Products (including any warnings, safety directions and care instructions) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site or provided to you with any Product is at your own risk.

 

This Site may contain certain historical information, for example, past blog entries. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.

 

  1. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

  1. PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Bebe Luxe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

  1. INDEMNIFICATION You agree to indemnify, defend and hold harmless Bebe Luxe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees as applicable, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  2. SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

 

  1. ENTIRE AGREEMENT These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

  1. NO WAIVER A failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

  1. GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of SA, Australia.

 

  1. CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  1. CONTACT INFORMATION Questions about the Terms of Service should be sent to us at admin@bebeluxe.com.au
  2. SALE prices are final no further discounts or discount Codes are valid for sale products.

 

WHOLESALE

Bebe Luxe Retailers Sales Agreement

By applying to become a Bebe Luxe Wholesale retailer through the Bebe Luxe website (https://www.bebeluxe.com.au), you the retailer are deemed to have read and agreed to the following terms and conditions. These terms and conditions apply to all wholesale orders. Australian Wholesale Orders. We are accepting wholesale applications for retail and online stores. We do not offer a drop ship service.

Minimum Spend & Active Stockist Requirements

Opening order minimum $500. Please note minimum spend amounts do not include shipping.

Shipping

Shipping costs depend on your location and the weight of the packages and it will be charged in a separate follow up payment link once shipping price has been calculated. At Bebe Luxe we use Australia Post, Sendle, Pack and Send. Your order will be shipped at the lowest rate. Every effort will be made to complete delivery within a reasonable time but no liability is assured for any loss or damage caused by any delay in delivery. Once your item has been shipped you will receive an email.

Payment

When purchasing stock, payment must be upfront via Credit Card or Paypal. Once order and payment has been received we will calculate shipping cost distribute the stock to you. Please allow 1-5 working days once payment has been received for us to process your wholesale order. The customer will pay ALL collection and legal costs actually incurred by Bebe Luxe including actual solicitors/clients costs that are related to the collection or recovery of any unpaid account. Please choose carefully as under no circumstances will cancellations be permitted. Once the invoice is paid, stock remains the property of the buyer. Terms are strictly no returns or exchange on items ordered due to “change of mind”. Any goods deemed faulty through manufacture will be replaced or credited should stock be unavailable. All stock remains the property of Bebe Luxe until payment in full has been received. If you require the stock immediately please email us at admin@bebeluxe.com.au and we will endeavor to accommodate a quicker turn around.

Fraud

Fraudulent activities are highly monitored on our site and if fraud is detected Bebe Luxe shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities. By Law Our agreement and these terms and conditions will be construed and governed according the laws of South Australia.

Refund and Returns Policy

We do not provide refunds or exchange for change of mind, so please choose carefully. We do not provide refunds if you are unable to sell the product and no credits will be permitted. If the goods are faulty or not true to design then we will then apply a credit or refund for agreed products. If there is a manufactures defect with any item, please email admin@bebeluxe.com.au. We don’t accept return of faulty items that have been used or returned without their tags. The return of any stock/faulty goods shall not be accepted without the prior consent of Bebe Luxe and must be reported/returned within 7 days of receipt.

Photos of Products

Bebe Luxe can provide photos on request to promote the Bebe Luxe label for use on approved stockists websites and/or any social media. Please note that these images remain the sole property of Bebe Luxe and we have final say on the usage of images. You may use any of the images from our website. All images published on Instagram featuring Bebe Luxe must include tags @bebeluxe.aus and #bebeluxe. Failure to continually not tag the Bebe Luxe brand may result in us cancelling your wholesale account. Images taken from our Instagram and Facebook page must also include tags from our brand reps and permission from customers posting them. We take no responsibility for the images you share on social media. At Bebe Luxe we encourage stockists to use not only our images at any time but also their own creative images of Bebe Luxe products in any market campaigns. Our aim is to promote you us much as we can on social media and if we love your images we are happy to promote and tag. Customers love flat-lays, photo-shoots on plain backgrounds and lifestyle shots, mixing them up can create an awesome social media profile. If you find any images you love from our latest collection that you love and would like to use for your website banners or marketing let us know and we will send them to you.

Misconduct

We have the right to refuse a stockist or cancel a stockist order if a stockist is misleading in any way or form. We may do this at any time if our brand is being represented in the wrong way. We do not approve retail stores with own brand to also sell Bebe Luxe brand products. Stockists that mislead our brand reps in anyway, whether to tag them in clothes they have been given from Bebe Luxe or get brand reps to purchase on their discount codes one off products is not allowed, and will not continue to stock Bebe Luxe.

Feedback

We love feedback, it helps us grow and improve our products so we can give stockists and customers exactly what they want. Let us know what’s selling or not selling and what customers are saying about Bebe Luxe merchandise. Feedback good or bad…helps us stay ahead of the market.