IN THE BEGINNING BOUTIQUE WEBSITE TERMS AND CONDITIONS

BETWEEN      G & K SERVICES PTY LTD ACN 617 916 024 T/A IN THE BEGINNING

BOUTIQUE (“In the Beginning Boutique”)

AND                You

1.          Acceptance and Agreement                                                                                             

You acknowledge and agree that:

(a)        These are the terms and conditions governing the use of this website and the agreement that operates between us and You (hereinafter, "Terms and Conditions"). These Terms and Conditions set out the rights and obligations of all users (hereinafter, "You" / "Your") and those of In the Beginning Boutique (hereinafter, "us" / "our" / "we"/ “In the Beginning Boutique”) in relation to the goods/services offered by us through this website.

(b)        Before You purchase any goods/services from this website, please carefully read these Terms and Conditions and Acknowledgement Statement.

(c)        By using this website or placing an order through it, these Terms and Conditions are accepted by You and a contract between You and In the Beginning Boutique is formed upon placing Your order.

(d)        These Terms and Conditions may be subject to amendment, so You should carefully read them prior to placing any order.

Warranties

You warrant the following:

(e)        You will only use the website to make legitimate enquiries or orders and for purposes that are permitted by these Terms and Conditions, any applicable law or regulation and/or generally accepted practices or guidelines.

(f)         You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

(g)        You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

(h)        You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary.

(i)          If You do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.

2.          Website                                                                                                                               

You acknowledge and agree that:

In the Beginning Boutique

(a)        In the Beginning Boutique carries on business from this website.

(b)        The goods and services described in this website are available from In the Beginning Boutique, and will be available for You to make an offer to In the Beginning Boutique via the website to purchase at the specified price on or before the end date specified, or until otherwise removed from the website or as specified, and where In the Beginning Boutique accepts Your offer, In the Beginning Boutique will sell the goods or services to You in accordance with these Term and Conditions.

Website Content

(c)        In the Beginning Boutique may, at any time, add or remove content from this website without notice.

(d)        Any articles, information or content published on this website must be read subject to these Terms and Conditions.

(e)        Although In the Beginning Boutique uses its best endeavours to confirm the accuracy of any information published on this website, You agree that In the Beginning Boutique cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to In the Beginning Boutique or by manufacturers or suppliers changing product specifications without notice to In the Beginning Boutique. You agree to make Your own enquiries to verify information provided and to assess the suitability of products before You purchase.

(f)         The information, materials and services in this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets Your particular requirements. You should report any error or omission in any information, material or service.

(g)        This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, In the Beginning Boutique does not in any way represent that In the Beginning Boutique recommends or endorses the relevant advertiser, its products or services.

(h)        In the Beginning Boutique nor any third party will be liable for any errors in content, or for any actions You take in reliance on them to the fullest extent permitted by law. You nor any other person may hold In the Beginning Boutique liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

Product Use and Maintenance

(i)          Any information provided regarding the use or maintenance of the product is provided without the knowledge of each customer’s particular needs and in any event must not be relied upon.

(j)          In the Beginning Boutique is not liable for the information provided on this website and takes no responsibility and makes no representation regarding the accuracy of the information provided on this website.

(k)        You acknowledge that You are responsible for the care and maintenance of any products purchased from this website.

(l)          You agree that all products must only be used for their intended purpose and any manufacturer’s instructions and guidelines must be adhered to.

(m)      You agree that In the Beginning Boutique is not liable in any way for any loss, damage, claim, injury or death arising from or in connection with the use or misuse of any of its products.

Use of Website

(n)        In the Beginning Boutique may stop (temporarily or permanently) providing access to this website to You, or to guests or members generally, at its discretion and without prior notice to You.

(o)        In the Beginning Boutique may in its sole discretion restrict Your access to this website. If In the Beginning Boutique does this, You may be prevented from accessing all or parts of the website, Your account details or other content contained in Your account. In the Beginning Boutique will not be liable to You or any third party for doing so.

(p)        As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.

(q)        In the Beginning Boutique may impose limits or restrictions on the use You may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, In the Beginning Boutique may withdraw this website, or change or remove website functionality at any time without notice to You.

3.         
Payments

You acknowledge and agree that:

(a)        While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.

(b)        We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.

(c)        The prices displayed on our website include GST but exclude delivery costs, which will be added to the total amount due.

(d)        We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in Clauses 3(a)-(b), changes will not affect orders in respect of which we have already sent an Order Confirmation.

(e)        Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment.

(f)         Payment can be made by Visa, MasterCard, PayPal, After Pay, Apply Pay, Shop Pay, Klarna, Square or any other payment methods available on the website. Authority for payment must be given at the time the order is made. The amount authorized by You will not be taken until your order is dispatched for delivery. If payment is made via PayPal the amount will be charged upon confirmation of your order.

(g)        Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

4.          Intellectual Property                                                                                                          

You acknowledge and agree that:

(a)        all designs, logos, images, illustrations, distinctive brand features, and other artistic work (collectively referred to as "Intellectual Property") used in the merchandise are owned by In the Beginning Boutique, must not be used in any manner without the prior written consent of the owner. These Intellectual Property are protected by Australian and international laws and nothing in these Terms and Conditions gives You a right to use any of them.

(b)        Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the Intellectual Property rights of any person. In the Beginning Boutique makes no representations or warranties that Your use of the information on this website will not infringe such Intellectual Property rights.

(c)        You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of In the Beginning Boutique or, in the case of third party material, from the owner of the copyright in that material.

(d)        You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may You decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

5.          Trademark

You acknowledge and agree that:

(a)        In the Beginning Boutique owns the trademark consisting of the brand "In the Beginning Boutique" as well as other marks used on the website to distinguish the goods and services provided in the course of trade from those provided by any other person.

(b)        You will not use, copy or modify these trademarks without express written permission from In the Beginning Boutique.

(c)        You are permitted to use any trademark material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or contract details.

6.          Links to External Websites

You acknowledge and agree that:

(a)        This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under In the Beginning Boutique’s control and In the Beginning Boutique is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. In the Beginning Boutique provides these links to You for convenience only and the inclusion of any link does not imply In the Beginning Boutique’s endorsement of the linked website. You access linked websites at Your own risk. Subject to any non-excludable rights, In the Beginning Boutique disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that You visit.

(b)        In the Beginning Boutique reserves the right to prevent third parties from linking to this website.

7.         

Non-disparagement

You acknowledge and agree that You must not directly, indirectly or expressly:

(a)        Do anything which materially damages, or is likely to materially damage, the reputation of In the Beginning Boutique.

(b)        Make or publish any negative, adverse, denigrating or otherwise disparaging representation, statement, remark or comment about In the Beginning Boutique, that may reasonably be expected to bring, or intended to have the effect of bringing, In the Beginning Boutique into disrepute.

(c)        Cause, permit, induce or encourage any other person to disparage or otherwise make any statement or publication or remark or comment about In the Beginning Boutique that may or may be likely to injure the reputation of In the Beginning Boutique.

(d)        This clause 7 survives termination of these Terms and Conditions.

8.         
Privacy

You acknowledge and agree that:

(a)        You acknowledge and agree that In the Beginning Boutique will handle (including collection, storage, use and disclosure) Your personal information and related data in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

9.         
Liability and Disclaimers

You acknowledge and agree that:

(a)        To the fullest extent permitted under law, In the Beginning Boutique’s total aggregate liability for all claims and loss incurred by You or any other person arising pursuant to, or in connection with, these Terms and Conditions is at all times limited to the purchase price of the product under these Terms and Conditions.

(b)        Nothing in these Terms shall exclude or limit in any way our liability:

(i)          For death or personal injury caused by our negligence;

(ii)         For fraud or fraudulent misrepresentation;

(iii)       For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

(c)        Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms and Conditions, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:

(i)          loss of income or revenue;

(ii)         loss of business;

(iii)       loss of profits or contracts;

(iv)       loss of anticipated savings;

(v)        loss of data; and

(vi)       waste of management or office time.

(d)           Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

(e)           To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

(f)             Nothing in this Clause will affect your statutory rights as a consumer under Schedule 2 to the Competition and Consumer Act 2010 (Cth) and other similar legislations.

10.      
Risk and indemnities

You acknowledge and agree that:

(b)        To the fullest extent permitted by law, and notwithstanding anything else in these Terms and Conditions, You must indemnify and keep In the Beginning Boutique indemnified against any loss sustained or incurred, or any claim brought by any person as a result, whether directly or indirectly, of:

(i)          Any breach, default or non-performance of a term of these Terms and Conditions by You;

(ii)         Any act or omission (including negligent acts or omissions) by You.

(c)        Clause 10(a) of these Terms and Conditions applies irrespective of whether In the Beginning Boutique breaches any term of these Terms and Conditions.

(d)        To the extent that the indemnity in clause 10(a) of these Terms and Conditions is by law void or unenforceable, the indemnity will apply, however, will be reduced to the extent the loss arises from, or is contributed to by, the gross negligence or a wilful or deliberate act by In the Beginning Boutique.

(e)        Each indemnity in this clause 10 is a primary obligation and In the Beginning Boutique is not obliged to proceed against or enforce any other right against any person or property or demand payment from any other person before making a demand for payment by You under these Terms and Conditions.

(f)         Your obligations under this clause 10 are absolute and unconditional. They are not subject to any set-off, counter claims or conditions. In particular, Your obligations will not be affected by anything which might abrogate, prejudice or limit them or the effectiveness of these Terms and Conditions.

(g)        If any transaction or payment under these Terms and Conditions is void, voidable or otherwise unenforceable or refundable:

(i)          In the Beginning Boutique is entitled against You to all rights under these Terms and Conditions and any collateral security that it would have had if the transaction or payment had not occurred or been made, as the case may be; and

(ii)         You must do all things and sign such documents necessary to restore to Bus Hire Comparison its rights under these Terms and Conditions or any collateral security immediately before that transaction or payment.

(h)        This clause 10 survives termination of these Terms and Conditions.

11.      

General

You acknowledge and agree that:

Entire agreement