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Terms and Conditions

Your access to bagsofcharm.com.au (Bags of Charm) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the website (known collectively as “Terms and Conditions”). Your use of, and/or access to, the website constitutes your agreement to the Terms and Conditions. Bags of Charm reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the Website.

Intellectual property and restrictions on use of content on the website
All information, text, material, graphics, software and advertisements on the Website(“Content”) are copyright of Bags of Charm unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Bags of Charm. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Bags of Charm or which is prohibited by the Terms of Use.

Brand & Legal Disclaimer
Bags of Charm is not affiliated with any of the brand designers and do not claim to be an authorised dealer, distributor/agent or authorised shop/boutique for any of the brand designers. All trademarks are of their own respective companies. Bags of charm warrants to the best of its knowledge, the products offered for sale on www.bagsofcharm.com.au do not infringe or violate the intellectual property rights of any third party. This includes without limitation to copyrights, trademarks, international or domestic intellectual property rights or trade secrets.

Links to third party website
The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Bags of Charm and Bags of Charm is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Bags of Charm provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Bags of Charm. You link to any such website entirely at your own risk.

Disclaimer and limitation of liability
Under no circumstances (including but not limited to any act or omission on the part of Bags of Charm) will Bags of Charm or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Bags of Charm does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behavior, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Bags of Charm’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Bags of Charm to the following:
– in the case of services supplied or offered by Bags of Charm, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
– in the case of goods supplied or offered by Bags of Charm, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination
The Terms of Use are effective until terminated by Bags of Charm. Bags of Charm  may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you, licenses granted by you and all Bags of Charm disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous
Bags of Charm relies on your continued observance of these Terms of Use. If Bags of Charm suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Bags of Charm for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of NSW and Australian Law. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of NSW. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

Orders
Bags of Charm reserves the rights to refuse or to withdraw your order at any time for certain reasons including but not limited due to product availability, an error in the price of the product description posted on this website, an error in your order or other reasons. Your contract will come into existence when you have fully paid for your order and Bags of Charm advised you that it has accepted your order and your receipt has been confirmed.

Delivery
Delivery times given on this website are for indicative only, actual delivery times may vary depending on the destination.
You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from Bags of Charm once that commitment has been made for any reason, including without limitation, due to any delay in delivery.
Please make sure you supply correct shipping address to avoid unnecessary delay in delivery and possible resending. We do not accept liability for delay in the event that there is no one to receive the order at the delivery address. Customer will be liable for any additional resending costs.

Loss or Damage in Transit
Bags of Charm  is not responsible to the buyer or any person claiming through the buyer for any loss or damage to products caused by any event of any kind by any person, whether or not Bags of Charm is legally responsible for the person who caused or contributed to that loss.

Return
– Items that are entitled for Refund
If you are not completely satisfied with your purchase, you may return it within 3 days of receipt for a refund. You may be charged a $25 restocking fee – we will let you know if this is the case. We ask that you do not remove the swing tag attached to your item and that you return the item in the exact condition you received it. Bags of Charm will refund the full amount of purchase price minus $25 restocking fee after we have received the returned item(s). The customer is responsible for the return items’ shipping cost. Items returned that are not in the original condition or damaged due to poor return packaging will not be refunded.

Authenticity Guarantee
Due to conflict of interest, Bags of Charm does not accept claims/authentication reports from other pre-owned designer goods merchants who directly compete with us for the purpose of 100% authenticity guarantee. We only accept authenticity reports from a professional authentication service.

Exclusion of Negligence
Bags of Charm is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
– The performance of the product;
– Any fact, matter or thing relating to the product; or
– Any error in information supplied to the buyer at or after the date of the purchaser’s use of the product.

Colour and Product Description
We have made every effort to display the colours of our products accurately as they appear at this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the site is not as described, your sole remedy is to return it for a refund in its original condition. You will be refund for the price of the bag.

Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

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