Terms & Conditions
Terms and Conditions
1) Important Information
By accessing, browsing or placing an order on this website you agree to be bound by the associated terms, conditions, disclaimers and limitations of liability (Terms & Conditions).
Butterfly Garden (for kids!) reserves the right to amend or update the Terms & Conditions at any time without providing notice to you.
By using the website, you acknowledge that you have read and understood the Terms & Conditions.
2) Products & Purchasing
- Offers on special product mark downs, sample clothing or sale items are available until stocks sell out.
- All orders are subject to availability of stock and confirmation of the order price.
- All efforts will be taken to process orders within stated turnaround times from the date the order is lodged.
b) Product Pictures
All colours of prodcut are reproduced as accurately as possible, however a slight variation may occur in colour and size specifications. Colours may appear slightly different via this web site due to computer picture resolution and individual monitor settings.
c) Pricing and Payment
All prices are quoted in AUD (Australian Dollars) and are inclusive of GST.
Butterfly Garden (for kids!) does not guarantee the price of any item listed on this website until your order has been processed. Whilst Butterfly Garden (for kids!) takes steps to ensure the price and details of products listed are correct, if they are incorrect, Butterfly Garden (for kids!) reserves the right to cancel the order and refund. Any orders received by Butterfly Garden (for kids!) through this website constitute offers and are subject to acceptance by Butterfly Garden (for kids!) in its absolute discretion.
Butterfly Garden (for kids!) reserves the right to take reasonable steps to verify that the order and credit details are bona fide. Delays may occur as a consequence of this process.
d) Sale items and special product mark downs
Special product mark downs or sale items that appear on this website are only available when ordering online and are only available until such stocks sell out.
The information contained on the website is provided by Butterfly Garden (for kids!) in good faith. To the best of Butterfly Garden (for kids!) knowledge, the information is accurate and current. However, Butterfly Garden (for kids!), its related bodies corporate and any of their respective directors, officers, employees, consultants or shareholders do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Butterfly Garden (for kids!) disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, non-infringement, availability of products, quality, completeness, suitability and accuracy. Butterfly Garden (for kids!) makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
4) Limitation of Liability
Subject to any applicable law that cannot be excluded, Butterfly Garden (for kids!) and its related bodies corporate will not be liable to you or any other person for any non-excludable direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from or in connection with products or services available or supplied to you, or on your behalf, through the website.
For all other claims or liability, as fas as permitted by law, the maximum liability of Butterfly Garden (for kids!) and its related bodies corporate for any loss, damage or claim whatsoever arising out of or in connection with this website, these terms and conditions, any products or services available or supplied to you through, or on your behalf, through this website will be $100.00 in aggregate for all claims by a customer. Butterfly Garden (for kids!) or its related bodies corporate will not in any case be liable for any lost profit (direct or indirect), deletion or corruption of electronically or digitally stored information or incidental, consequential or special damages arising out of or in connection with this website, the content and the products and services available or accessible on the website.
Personal information may be disclosed to third parties where required, for example, to fulfil our services or for related purposes.
Participants in interactive activities (including, but not limited to, contests, membership programs, message boards, purchases, newsletter subscriptions, surveys) may be asked to provide personal and other information. This information may be used to communicate promotional offers or related information about our company, our partners and relevant third parties. In addition, such information may be used to design the marketing messages received by the recipients. Please contact us if you do not wish to receive such messages or offers.
Please note that Butterfly Garden (for kids!) does not have control over any sites linked to our website. Linked sites may have different privacy policies. As such, we do not accept any responsibility for any linked sites or for any loss or damage that may arise from your use of them.
The security of your credit card and other payment details and information is of paramount importance to us and will only be utilised as required in order to process orders placed by you.
When purchasing online, your payment details are processed securely using 128-bit SSL (secure socket layer) encryption to protect you. In addition, all electronic payment information is stored with password protection, so that it remains confidential and secure.
It is important for us that persons with whom we do business have confidence that we handle information responsibly and it is our policy to do this.
7) INTELLECTUAL PROPERTY
Images, text, site design, logos, graphics and any other content and software on this site, including their arrangement, selection and assembly, are the property of Butterfly Garden (for kids!) (or one of its related entities), unless specified otherwise.
You may use this web site only for your personal and non-commercial purposes.
Except to the extent permitted by relevant legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.
Unauthorised use of the images, designs and other materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil proceedings and penalties.
These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of these terms.
Each provision of these terms (or any part thereof) is severable from the others and no severance of a provision (or any part thereof) will affect any other provision or remaining part provision.
10) CUSTOMER GUARANTEE
Butterfly Garden (for kids!) will always endeavour to provide the best price, quality and customer service when possible to ensure you the customer will always be delighted
Refunds & Exchanges
We can only accept order cancellations or changes in accordance with Australian retail policies. Please contact us as soon as possible during business hours, to advise of any chages.
In accordance with Australian Retail Policy, Cancellations will not be given for change of mind, however if approved at our discretion all cancellations are subject to a 20% Re-stocking fee to recover payment provider and admin fees.
We may also at our discretion offer an exchange.
Also in accordance with consumer law, We can only accept returns or exchanges for faulty or damaged items.
We may at times be able to exchange an item for something of the same or greater value, at our discretion.
We are always happy to discuss your options for exchange over the phone.
What if my item arrives faulty or damaged?
We have very strict quality control focus in store and in our packing process. All items are thoroughly checked for damage before being shipped or put out on the shop floor.
However if your parcel does happen to arrive damaged or faulty we are happy to help. Please contact us within 7 days to arrange an exchange, via email or phone.