Thank you for making a purchase with La Bimbi. These Terms and Conditions govern your purchase.
By clicking “accept” you agree to these Terms and Conditions.
1. Purchase Services
1.1. The Website is operated by La Bimbi City Central Pty Ltd (acn: 167 339 228) t/a La Bimbi (‘La Bimbi’). Access to and use of the Website, or any of its associated Products or Services, is provided by La Bimbi.
1.2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
2. Personal Information
2.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
2.2. You agree that all details that you have provided in completing the purchase are true and correct.
3. Purchase of Products
3.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
3.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers’).
3.4. Following payment of the Purchase Price being confirmed by La Bimbi, you will be issued with a receipt to confirm that the payment has been received and La Bimbi may record your purchase details for future use.
3.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.
3.6. La Bimbi reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
4. Refunds and Returns
4.1. La Bimbi wants you to be satisfied with your Product. If you have any issues with La Bimbi Products, please e-mail firstname.lastname@example.org.
4.2. If you have received the incorrect Product or make an error when ordering a full priced item, La Bimbi will provide a refund on the return of the Products. To request a refund and organize a return please e-mail email@example.com with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product. The returned Product must be unopened, and its original saleable condition. You are liable for all shipping costs incurred when returning the Product back to La Bimbi.
4.3. La Bimbi does not provide refunds for change of mind.
4.4. La Bimbi does not provide refunds for sale items, for any reason.
4.5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
4.6. In the following situations, no refund or return will be available:
a. Denied acceptance of delivery by receiver;
b. Inaccurate delivery address;
c. Absent receiver – If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to La Bimbi for a return fee charged to the initial payment method.
5.1. Once payment for an order has been accepted, cancellation is at the discretion of La Bimbi. If you wish to cancel your order, please contact La Bimbi immediately on + 612 6251 9555.
5.2. Cancellation of orders must be made within 1 hour of the time of order.
5.3. Where a Product has been listed at an incorrect price, or has incorrect written information or images, La Bimbi reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
6.1. You acknowledge that the Purchase Services offered by La Bimbi integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
6.2. In providing the Purchase Services, La Bimbi may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that La Bimbi is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
6.3. In the event that an item is lost or damaged in the course of the Delivery Services, La Bimbi asks that you:
a. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
b. contact La Bimbi by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so La Bimbi is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
7.1. La Bimbi’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
7.2. If you have received a Product that you believe is faulty or defective, please contact email@example.com with photographic proof.
8. Information and Product Disclaimer
8.1. Any information provided to you by La Bimbi regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
8.2. La Bimbi makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
9. Limitation of Liability
9.1. La Bimbi’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of La Bimbi is the resupply of the Purchase Services to you.
11. Mailing List
11.1. When making a purchase, you will be given the opportunity to sign up for the La Bimbi Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from La Bimbi via e-mail.
11.2. You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing firstname.lastname@example.org.
12. Force Majeure
12.1. If circumstances beyond La Bimbi’s control prevent or hinder its provision of the Products, La Bimbi is free from any obligation to provide the Products or fulfil your order while those circumstances continue. La Bimbi may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
12.2. Circumstances beyond La Bimbi’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
13. Governing Law
13.1. This Agreement is governed by the laws of the Australian Capital Territory, Australia.
13.2. In the event of any dispute arising out of or in relation to the Purchase Services La Bimbi agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in the Australian Capital Territory Australia.
14.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
15. Entire Agreement and Modifications
15.1. Both you and La Bimbi confirm and acknowledge that these Terms and Conditions and the Website Terms and Conditions of the Website constitute the entire agreement between you and La Bimbi and shall supersede and override all previous communications, either oral or written, between the parties.