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terms & conditions

Version Date: 14 January 2016

Your use of this website, www.bhavehair.com (Website) and the purchases you make with bhave haircare usa pty ltd ACN 609903933  (bhave), are covered by these terms and conditions (Terms) and form a binding contract between you and bhave.

Please read these Terms carefully and email bhave at info@bhavehair.com if you have any questions about these Terms. By accessing this Website you acknowledge and agree to these Terms.

From time to time bhave Terms may change. Access to this website is subject to the terms contained in the website at that time of access and you acknowledge and agree to these updated terms each time you access the website.
By proceeding to purchase through this website, you acknowledge that you are over 18 years of age or are at an age where you have reached majority within your state.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.

Item Descriptions

  1. Bhave describe items as accurately as possible on this Website, however bhave do not warrant the accuracy of the description and will take steps to correct this inaccuracy or omission as soon as practical after becoming aware of it.
  2. The items bhave ship will be in accordance with the description of the item as to item type, content and size/weight. Images may be distorted and not accurately reflect the actual item received.

Item Orders

  1. bhave cannot guarantee the availability of items advertised on this website, even if the site indicates that there are items on hand. Bhave reserve the right, to withdraw orders, without notice, in which case a refund of the amount paid by you will be made to you.
  2. Bhave may choose to reject your offer to purchase and will contact you within 4 business days of placing your order if bhave intend to reject your offer. This may be due to a lack of availability of an item or any other reason that bhave deems necessary. Bhave are not required to give reasons for rejecting your offer to purchase.
  1. No additional compensation will be paid to you, nor do bhave assume any further responsibility for costs or losses associated with such rejection of your offer.
  1. bhave reserve the right to withdraw any item, alter pricing, discounts offered or withdraw special offers at any time of bhaves’ choosing.
  2. bhave will fulfil orders at the price listed at the time you paid for the order.
  3. All prices are in AUD Dollars (Australia) and are exclusive of shipping costs, insurance, duties and taxes. Additional costs will be reflected at the time of checkout.
  4. To enable bhave to fulfil your order you are required to provide your name, delivery address, email address, telephone contact. Bhave utilise a market leading 3rd party payment gateway (Pin Payments) and as such will not directly store any payment information.  Bhave undertake to take due care with the information it collects; however in providing bhave with such information you accept that bhave are not liable for its misuse due to error in transmission, virus or malware.
  5. As bhave do not have control over the 3rd party payment gateway, bhave cannot accept any responsibility in relation to transactions conducted through this gateway. In utilising this gateway, you accept the terms and conditions imposed by the 3rd party (terms can be viewed at (www.pin.net.au), in using their gateway.
  6. Once you have submitted an order, you may not cancel that order even if bhave acceptance or rejection of your offer is still pending.
  7. Title in the goods passes to you when bhave have received payment. Payment is required prior to goods being shipped.
  8. All risk of loss or damage to the goods passes to you when bhave despatch the goods. At the time of conducting your transaction.

Item Shipping and Returns

  1. Please refer to bhave Shipping and Returns policy.

Limitation of Liability
If you purchase bhave items for the purpose of resale or commercial use, then at bhaves’ option:

  1. To the full extent permitted by law, bhave liability for breach of an implied warranty or condition is limited to the replacement of the item purchased or the supply of equivalent item or refunding the cost of the goods purchased or of acquiring equivalent goods.
  2. Bhave accept no liability for any loss whatsoever including consequential loss suffered by you arising from the goods bhave have supplied.
  3. Bhave do not participate in any way in the transactions between you, who purchase items from bhave and your customers. Any disputes or concerns raised by your customers should be dealt with by you.
  4. Bhave do not accept liability for anything contained in uploaded information or in any form of communication which originates with a user of this website.

Intellectual Property

  1. The copyright to all visible and non-visible content on this website belongs to bhave or bhave have a licence to use those materials.
  2. Your access to this website does not license you to use trade marks, brands and logos contained in this site in any way without bhave prior written permission.

Access to this site

  1. When you visit this website, bhave give you a limited licence to browse items and information, register your interest or to order bhave items.
  2. You are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without bhaves’ prior express written permission.
  3. The licence to access and use the information on this website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror this website without bhaves’ prior written permission.
  4. Bhave reserve the right to restrict your access to this website. Bhave are not required to provide any explanation for such restriction.
  5. This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and bhave take no responsibility for the content and privacy compliance of such linked websites. Any hyperlink on this website to another website does not imply that bhave endorse, support, or sponsor that website or any items or services contained therein.
  6. Whilst bhave have taken all due care in providing information on this website, bhave do not provide any warranty either express or implied, including without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose.
  7. Bhave also take all due care in ensuring that this website is free of any unauthorised software programs (such as virus, worm, Trojan horse and/or malware) which may cause damage, exposure or vulnerability on your computer system., however bhave are not responsible for any damage, exposure or vulnerability to your computer system which arises in connection with your use of this website or any linked website.
  8. bhave may host third party content on this website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and bhave are not responsible for any errors or omissions in such material nor do bhave endorse or support what is advertised.
  9. By accessing this website, you agree to indemnify and hold bhave harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of this website or the purchase of bhave items.
  10. There may be times when access to this website is not possible due to various reasons. Bhave are not liable to you for any loss or damage (including consequential loss, damage or loss of profits) arising, whether directly or indirectly from an inability to access this site. You may alternatively place orders directly at order@bhavehair.com or contact bhave at info@bhavehair.com

Feedback

  1. Any comment, feedback, ideas or suggestion (Uploaded Information) which you provide to bhave through this Website becomes bhave property. You agree that bhave are entitled to use your Uploaded Information for any commercial or non-commercial purpose without compensation or liability to you or to any other person who has transmitted the Uploaded Information. In addition bhave will not be liable for any similarities which may appear from such use.  
  2. If you provide bhave with Uploaded Information, you acknowledge that such is legal, original and not copyright protected and you are responsible for such Uploaded Information.
  3. Bhave reserve the right to monitor all content posted to this website and to modify or remove any content, messages or postings that bhave deem necessary. Not withstanding this right, bhave are not obligated to take any such action and bhave are not responsible or liable for any content, messages or postings uploaded to this website.

Jurisdiction

  1. These Terms and any agreement with bhave are governed by the laws of Victoria, Australia. Each party agrees any claim made by either party against the other which in any way arises out of these Terms will be heard in Victoria, Australia and you agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction in Victoria, Australia, and you waive any right you might have had to claim that those courts are an inconvenient forum or on any other basis.
  2. If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

Privacy

  1. Please refer to bhave Privacy policy on this Website for further information.

Rule of Construction

  1. In the interpretation of this document, no rule of construction applies to the disadvantage of bhave on the basis that bhave put forward this document or any part of it.