White Polka Dot Maternity Shorts
Maternity Clothes Online, In Style & On Sale
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Maternitysale.com.au – terms and conditions
Terms And Conditions
In these Terms and Conditions "we" and "us" mean Eve of Eden Pty Ltd, owners of maternitysale.com.au and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between Eve of Eden and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, each monitor displays colours differently so there will be slight variations between the actual product and what is displayed on screen.
Website changes and accuracy
Please note we will always endeavour to present the most accurate information possible. Should we realise that we have made an error, we reserve the right to correct this information before or after your purchase. If you are unhappy with the product you have received, please see our delivery page for returns information.
Whilst we keep an up-to-date database of all our stock, please note that there may be times when a product has become out of stock before you have purchased the item without this quantity being shown on our website. We will of course refund you as soon as we’ve checked our stock and also inform you of how long it may be till new stock arrives.
You must indemnify and hold Eve of Eden and its employees, affiliates, directors, harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the parties alleging that you have breached any of these terms and conditions. If you have to indemnify Eve of Eden under this Section, Eve of Eden will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any claim without express written permission from Eve of Eden.
Limitation of Liability
In no event shall Eve of Eden or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Legal Capacity To Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Eve of Eden. Should Eve of Eden suffer any damage or other losses as a result of a transaction entered into by a minor, Eve of Eden reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Eve of Eden.
Placing Your Order
You may place an Order by adding items to your shopping cart on the Eve of Eden website and clicking the "Check Out" button. When you place your order, we will issue you with an receipt. We will do this by email. By placing an order, you agree to make a purchase from us based on these Terms and Conditions.
Processing of Order
Your order must pass our internal validation procedures to prevent credit card or payment fraud. Eve of Eden and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will be required to report any suspicious behaviour for the purposes of fraud prevention. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.
It is the policy of Eve of Eden to provide quality maternity wear at the best prices. We reserve the right to change prices for products displayed at the Eve of Eden web site at any time. All Eve of Eden purchases include GST unless otherwise stated on the product listing.
Maternity Sale Vouchers
Each 'Maternity Sale Voucher' can be used as part or full payment for products on the Maternity Sale website. Vouchers are transferable, but have no monetary value and under no circumstances can they be converted into currency. Each 'Maternity Sale Voucher' may have an expiry date which cannot be modified.
When returns are issued and payment was initially made through an 'Maternity Sale Voucher', a new voucher/store credit will be issued for future purchases.
Supply Of Your Products
Subject to these terms and conditions, we will supply to you the products indicated on your order confirmation. When your order items have been dispatched, we will email you your confirmation. Please allow the estimated delivery time to elapse before contacting Eve of Eden to enquire about the location of your parcel.
Delivery and Returns Of Your Products
Please see our delivery and returns page for these policies.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
All images are copyright and any use of these images requires permission from Eve of Eden Pty Ltd
You shall not assign any rights and obligations under these terms and conditions whether in whole or in part without the prior written consent of Eve of Eden. Any unauthorized assignment shall be deemed null and void. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Eve of Eden for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Eve of Eden, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent roduct(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such term or condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Eve of Eden reserves the right to change the terms and conditions of sale at any time. No Eve of Eden employee or agent has the authority to vary any of the terms and conditions governing any sale.
These terms and conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These terms and conditions will not be assignable or transferable by you without the prior written consent of EVE OF EDEN. These terms and conditions (including all of the policies and other Agreements described in this terms and conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and EVE OF EDEN are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms and conditions. The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect.
Eve of Eden shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Eve of Eden, and Eve of Eden shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.