1. Introduction to www.bamb-u.com
Welcome to bamb-u, an online store operated by Bambu International Pty Ltd. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “bamb-u,” “us,” “we,” and “our,” refer to us, Bambu International Pty Ltd, or our website, www.bamb-u.com, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Our Services
By using our website, www.bamb-u.com, you can purchase our beautifully handcrafted bamb-u brand sunglasses and watches. Every purchase through our website or one of our stockists means 7 trees will be planted in countries affected by deforestation through our partnership with The EdenProjects.
3. Required Information
In order for you to place an order with us, you must provide us with your name, e-mail address, mailing address, and telephone number. Also your Credit card details will be required through Pay Pal’s payment gateway. We do not store your credit card information on any of our systems.
bamb-u use the services of PayPal for all our online payments. You can pay with credit card, debit card or your paypal account directly through the Pay Pal online payment gateway.
When using a credit, if you are not the Authorised cardholder, authorisation from the card holder must be given to you in order to use their card.
5. Intellectual Property
All content of our website is the property of bamb-u and is copyrighted by bamb-u. You may not use or copy images and or text from our website without prior written approval from bamb-u.
Our product warranty is outlined on our warranty page: http://www.bamb-u.com/warranty By accepting our Terms and Conditions, it is implied that you have read, understand and agree to our warranty conditions. We may change our warranty terms and conditions at any time without notification.
7. Representations & Warranties
We make no representations or warranties as to the merchantability of our product or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our service, for reasons including, but not limited to, failure of our product, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we have given full consideration for your payment at the moment that we provide your order to the post office or courier selected to deliver the order to you. We make no representations as to the reliability of the post office or courier, and shall not be liable for any failure on their part, including failure to deliver, or damages to goods.
The provision of our goods to you is condition on your agreement with this and all other parts of this Agreement.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our product to you. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
You also agree to indemnify us for any damages caused to you and or us by your use of our products.
9. Choice of Law
This Agreement will be governed by the laws applicable in Australia.
10. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
11. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
12. Cancellation of Order
You agree that we may cancel any order that you make with us at any time, for any reason, without warning or compensation, except for fees paid for goods not shipped by us, even if we have been advised that it may result in a loss to you or any other party.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will notify you and request that you agree to the amendments. You may refuse to agree to the amendments, but if you do, you must not order any additional products from us.
We use Australia Post for all retail orders. Our free shipping does not come with tracking, as Australia post does not provide tracking for standard airmail parcels. If a parcel is lost using our free shipping, bamb-u can not track it, nor can we get Australia Post to locate it and hence are not liable for and will not reimburse you should your parcel get lost. If our paid tracking option has been chosen, we will do everything in our power to find any lost packages and if unsuccessful, we’ll refund or resend another product in it’s place.