This webpage, together with the documents referred to on it, outlines the terms and conditions (Terms and Conditions) that Sassy Underwear Pty Ltd trading as SASSYboy (SASSYboy) will supply any of the products (Product) listed on our website www.sassy-boy.com (Site) to Customers. Please read these Terms and Conditions carefully before ordering any Products from the Site.
1.1. By placing an Order using the Site, the Customer agrees to be bound by the following Terms and Conditions.
1.2. To place an Order, the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to SASSYboy.
Acknowledgement means our email acknowledgement to the Customer that an Order has been received.
ACL means The Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Additional Charges taxes, duties, excises and such other costs imposed on the import and export of any Product;
Australian Privacy Principals, Credit Provider, Credit Reporting Body, Personal Information and Sensitive Information have the meaning prescribed to them in the Privacy Act 1988 (Cth).
Consequential Loss means loss of revenue, profits or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages.
Consumer has the meaning prescribed to it in the ACL.
Confirmation Email means our email to the Customer, in which Sassy Boy accepts the Customer’s Order and confirms that payment has been made in accordance with clause 7.
Customer means an individual who places an Order.
GST has the meaning prescribed to it in the A New Tax System (Goods and Services and Services Tax) Act 1999 (Cth) (as amended).
Intellectual Property Rights means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests.
Law means any relevant federal, state or local statute, ordinance, rule, regulation or standard, and includes the ACL, as amended from time to time.
Order means an order submitted using the Site by the Customer for the supply of Products.
Promotional Code means a code given to a Customer to access promotions & discounts through the Site.
Price means the price inclusive of GST for the Product the subject of an Order as advertised on the Site.
Shipping means the price inclusive of GST for shipping any Products as advertised on the Site.
3. PURPOSE & APPLICATION
3.1. These Terms and Conditions apply to, and are expressly incorporated into, any Order for the supply any Product by SASSYboy to the Customer.
3.2. These Terms and Conditions are governed by & construed in accordance with the laws of Victoria, Australia.
3.3. Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law. If any provision of these Terms and Conditions is invalid under any Law, that provision is enforceable to the extent that it is not invalid, & if it is not possible to give that provision any effect, then it is to be severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue to have full force and effect.
4.1. The Customer may place an Order on the Site using the shopping cart.
4.2. Upon placing an Order, the Customer will receive an Acknowledgment. An Acknowledgement does not mean Sassy Boy has accepted any Order or any Product the subject of an Order has been dispatched.
4.3. An Order is accepted when payment for the Order is processed by Sassy Boy.
4.4. The Customer should receive a Confirmation Email within 24 hours of the Acknowledgement.
4.5. If a payment has been processed and the Customer has not received an Acknowledgement or Confirmation Email within 24 hours, the Customer should contact customer service on SASSYboy.
5. AVAILABILITY OF PRODUCTS
5.1. The Site indicates whether a Product is currently stocked by SASSYboy.
5.2. If a Product is shown as stocked on the Site at the time of an Order is placed by a Customer and the Product becomes unavailable prior to dispatch, the Customer may:
5.2.1. if the Order comprises more than one Product, accept the Product which is in stock and receive a refund of the Price paid for the Product which is no longer available; or
5.2.2. nominate a substitute Product that is of equal or less value to the Product which is no longer available and receive a refund for the difference between the Price paid and the price of the substitute Product; or
5.2.3. nominate a substitute Product that is of greater value to the Product which is no longer available and make payment of the difference between the Price paid and the price of the substitute Product; or
5.2.4. cancel the Order in full and receive a full refund of the Price and any Shipping paid.
5.3. Sassy Boy reserves the right not to honour any incorrect offers represented on the Site made by genuine human or system error.
5.4. The Customer acknowledges and agrees that all pictures and images of any Product displayed on the Site are for illustrative purposes only.
6.1. Prices are exclusive of all other charges except to the extent that they are expressly included in the Price. For the avoidance of doubt, Shipping is charged in addition to the Price and is specified on the shopping cart page when placing an Order.
6.2. In addition to any amounts paid when placing an Order, the Customer will be responsible for all Additional Charges which may arise from the Order and as described in clause 8.
6.3. Sassy Boy reserves the right to alter the Price without notice to the Customer, and such altered Price will apply to all future Orders placed by the Customer, but not to any Order the Customer submitted prior to the alteration.
7.1. The Customer will pay for the Price in accordance with any of the methods specified on the Site.
7.2. By paying by credit card, the Customer authorises SASSYboy to debit their nominated card an amount equivalent to the Price and Shipping.
7.3. The Customer acknowledges and agrees that a payment of the Price and Shipping will be cleared by Sassy Boy before the Product is dispatched. If payment cannot be processed, an Order will be cancelled.
8. INTERNATIONAL CUSTOMS CHARGES
The Customer is responsible for the payment of any additional charges which may be incurred as a result of shipping the product outside of Australia. Additional charges include any duties, taxes or customs charges applied to the importation of the Product and other such fees which may be incurred as a result of international shipping.
9.1. SASSYboy may, from time to time, offer promotional discounts & special offers by providing a Customer with a Promotional Code.
9.2. A Customer may redeem a discount or offer by entering the Promotional Code in the ‘redeem coupon’ section of the Site’s shopping cart. The promotion or discount will then be deducted from the Price. .
9.3. A Promotional Code is valid for one use, unless otherwise specified, and must be used prior to its expiry date.
9.4. The Customer acknowledges and accepts that the Promotional Code must be entered at the time an Order is placed and the Supplier will not apply a Promotional Code to an Order after it has been placed.
If Sassy Boy has reason to believe that it will be unable to supply an Order to the Customer within a reasonable time or at all due to circumstances beyond its reasonable control, Sassy Boy may, without penalty, cancel the Order, in which case, Sassy Boy will refund the Customer the Price and any other fees already paid in respect of that Order.
11. CANCELLATION BY CUSTOMER
11.1. If a Customer cancels an Order prior to dispatch by SASSYboy in accordance with these Terms and Conditions, the Customer is entitled to a refund of the Price paid.
11.2. If a Customer cancels an Order after dispatch, SASSYboy, in its sole discretion, may refuse to provide a refund of the Price paid unless required to do so pursuant to the ACL or any other Law.
14. LIMITATION OF LIABILITY
14.1. Unless such liability cannot be excluded by virtue of the Law, SASSYboy will not be liable in any circumstances for any loss (including Consequential Loss) or damage:
14.1.1. to any property or person whatsoever arising from the supply, or delay in supply, of the Product; or
14.1.2. to any person arising from the failure to supply as a result of:
22.214.171.124. the Customer providing an incorrect delivery address; or
126.96.36.199. the Product being left at a delivery address that is unattended at the time of delivery where the Customer has authorised delivery.
14.2. For the avoidance of doubt, SASSYboy is not responsible to a Customer for any loss or damage to the Product in transit caused by any event of any kind or by any person (whether or not SASSYboy is legally responsible for the actions of that person).
15.1. To the extent permitted by Law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in this Terms and Conditions are expressly excluded.
15.2. If the Customer is not a Consumer, to the full extent permitted by Law:
15.2.1. Sassy Boy will not be liable in any circumstances for any loss or damage (including Consequential Loss) to the Customer or any property or third party whatsoever arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product; and
15.2.2. Customers shall indemnify us against any claims arising out of or connected with these Terms and Conditions, the provision of the Product or the delay in delivery or non-delivery of the Product.
16. FORCE MAJEURE
Neither party will be liable for any failure or delay in the performance of their obligations under these Terms and Conditions, except an inability to pay any money when due, where such failure or delay is caused by an event or circumstance which is beyond their reasonable control, could not be overcome by the exercise of reasonable care and could not have been reasonably foreseen.
17. INTELLECTUAL PROPERTY
17.1. The Customer acknowledges and agrees that the Intellectual Property Rights in any software or content published or otherwise available to the Customer via the Site is owned by Sassy Boy or is used under licence and is protected under the laws of Australia and through international treaties.
17.2. Whether before, during or after the expiry or termination of these Terms and Conditions, Customers will:
17.2.1. not do anything which may conflict with our ownership or protection any Intellectual Property Rights owned by Sassy Boy or our licensors; or
17.2.2. not use, disclose, reproduce, publish, copy, perform, communicate, exhibit, show, broadcast or adapt any Intellectual Property Rights owned by Sassy Boy, without the authorisation of us or our licensors as applicable.
Information supplied by a party to the other party is confidential except to the extent that it becomes public knowledge, and will not be disclosed to a third party without the written consent of the party who originally supplied the information, or as required by Law.
These Terms and Conditions may be amended by Sassy Boy from time to time and if the Customer does not cancel its current Order within 5 days of receiving a notice of amendment, or places a further Order after receiving such notice, the Customer will be deemed to have accepted these Terms and Conditions, as amended, and they will apply to each current and future Order.
A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right.