The owner and operator of this site is TCx Design (ABN 93 585 856 843) trading as blOOturtle Publishing. By purchasing products from TCx Design (“blOOturtle Publishing”) through this website the purchaser (“Customer”), agrees to the following terms and conditions of sale.
1.1 Upon the Customer confirming its purchase order the Customer agrees to purchase the products in the Customer’s “shopping cart” for their price including GST and any postage and handling charges as applicable.
1.2 blOOturtle Publishing will send the products to the Customer as soon as practicable after it receives payment for the products.
1.3 The Customer warrants that it will not purchase products for the purpose of commercial resale.
- Defective products
2.1 If the Customer purchases a defective product from Be blOOturtle Publishing, the Customer must return the product to blOOturtle Publishing within 28 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
2.2 If the product is defective, blOOturtle Publishing will in its discretion, either:
(a) replace the product; or
(b) provide a refund of the price of the defective product to the Customer.
2.3 blOOturtle Publishing will not accept any liability for any defective products which the Customer does not return in accordance with clause.
2.4 In no case shall the maximum liability of blOOturtle Publishing exceed the price of the product in respect of which a claim is made.
- Stock availability
3.1 The Customer shall not be entitled to object if information about products on the Website is not correct or if advertised products are not available or if images of products differ from the actual products.
3.2 If the Customer pays for a product which blOOturtle Publishing cannot supply blOOturtle Publishing will refund the price of that product to the Customer.
3.3 Prices, offers and stock availability may vary between berkelouw.com.au and blOOturtle Publishing stores.
- Products sent to incorrect address
4.1 If the Customer does not receive products it has purchased within 40 days of the date of purchase blOOturtle Publishing shall not be liable to the Customer for those products unless the Customer notifies blOOturtle Publishing within 40 days of the date of purchase.
4.2 If a product is not received by a Customer because it was sent by blOOturtle Publishing to an incorrect address due to an error by blOOturtle Publishing then blOOturtle Publishing shall be responsible for the resending or replacement of the product or refunding of the price of the product.
4.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
(a) subject to clause, if the product is returned to blOOturtle Publishing, blOOturtle Publishing will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or
(b) if the product is not returned to blOOturtle Publishing, then blOOturtle Publishing shall have no further responsibility.
- Non-claimed products
If products which a Customer has purchased are returned to blOOturtle Publishing by a person other than the Customer and blOOturtle Publishing cannot, despite reasonable efforts, contact the Customer or the Customer does not contact blOOturtle Publishing within 3 months of products being returned to blOOturtle Publishing then ownership of the products will revert to blOOturtle Publishing.
The Customer agrees not to hold blOOturtle Publishing liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
- Passing of risk and ownership
7.1 Subject to clauses and blOOturtle Publishing does not accept any liability for products after it has sent the products to the Customer.
7.2 Subject to clause 5, ownership of products purchased by the Customer shall pass to the Customer upon blOOturtle Publishing sending the products to the Customer.
- Limitation of liability
8.1 blOOturtle Publishing shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through blOOturtle Publishing website other than as set out in these terms and conditions.
8.2 blOOturtle Publishing shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services which the Customer purchases through blOOturtle Publishing website, even if blOOturtle Publishing has been advised of the possibility of such damages.
- Gift voucher expiry
Gift vouchers are valid for one year from the date they are issued, after which the voucher expires. Any remaining credit is non-refundable.
- Site access
10.1 blOOturtle Publishing hereby grants the Customer permission to access, view and download the content appearing on this site, for personal, non-commercial use only.
10.2 The Customer agrees not to use any device, method or software to interfere with the proper functioning of this site including but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
- Intellectual property
11.1 The Customer agrees that the content which the Customer accesses, views or downloads and the software used to create it, remains the intellectual property of blOOturtle Publishing.
11.2 The Customer agrees not to modify or alter the content of the website in any way, or make it available to any third parties.
- Governing law and jurisdiction
These terms and conditions are governed by, take effect and will be construed in accordance with the laws of New South Wales, and the Customer irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts in New South Wales and courts entitled to hear appeals therefrom.
blOOturtle Publishing would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
The information on this website is provided for general information only. blOOturtle Publishing has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur including through negligence. Accordingly, blOOturtle Publishing does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.