Terms of Service
Key Details
BerryBreaks - ABN 26 770 668 658
Leura, 2780 NSW. AUS
Email: berrybreaksau@gmail.com
We provide the following services:
· purchase sealed collector card packs directly from us;
· purchase collector card singles directly from us;
· purchase clothing and other memorabilia from us;
· purchase card supplies;
· purchase gift cards.
Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These Terms will apply only to the extent to which its terms do not infringe the Australian Consumer Law.
Discount Codes and Coupon Usage
(a) Discount codes and coupons are not transferable, not redeemable for cash and cannot be combined with any other discount codes or coupons or any other offer or discounts or promotions offered by us.
(b) If we suspect that multiple accounts have been created to use multiple discount codes and coupons, your order may be cancelled and refunded without notice.
Processing payments
(a) We use a third-party provider (STRIPE) to process payments for Products on our platform. You consent to using a third-party payment provider for processing your transactional payments on our platform.
(b) We may charge you a transaction processing fee (such as a credit card fee) proportionate to the amount that we incur for processing your payment on our platform.
(c) We will email you an invoice after you purchase a Product in our store.
Fraud
(a) To the maximum extent permitted by law, you will be solely responsible and liable for any fraud (including Products purchased fraudulently) which arises in connection with our platform from:
(i) your credit or debit card details having been stolen, lost, or used without your permission to purchase Products on our platform;
(ii) your computer or mobile systems and devices being compromised, ‘hacked’ or accessed without permission;
(iii) your account being compromised, ‘hacked’ or accessed without permission, other than where it was caused by us; and
(iv) you being the subject of a scam or other fraudulent activity.
(b) An order may be cancelled or voided if we (acting reasonably) suspect that it has been purchased fraudulently.
(c) You should take out appropriate protections and adopt appropriate measure to protect yourself against cyber security risks.
Consumer Guarantees
(a) As a consumer, you are entitled to certain guarantees in respect of goods and services purchased from us. These guarantees are called Consumer Guarantees and are not impacted by the change of mind policy or limited by a defined timeframe. The Australian Consumer Law, however does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
(b) Where you believe an item is faulty or defective, it may be necessary for us to send your goods to the manufacturer for it to be assessed within a reasonable period of time.
(c) If the goods or service have a major failure, you may reject the good or service and seek a refund, exchange or repair or you may keep the item and seek compensation for any drop in value. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item or refund you) within a reasonable time.
(d) Where an item is damaged through misuse, neglect or abnormal use, we will not provide a refund, exchange or repair.
(e) You agree that, subject to the above Consumer Guarantees and to the extent permitted by law, our liability for all claims connected directly or indirectly with this agreement or the sale of the Products is limited to the amount paid by you to us on for the Product. Legislation providing for apportionment of liability also applies.
Returns Policy – Change of Mind
If you have changed your mind, we may offer you a refund. Refunds due to a change of mind are made on a case by case basis and are not guarnteed.
At our absolute discretion:
(i) you may only receive a partial refund for a digital item such as giftcard or if the Product is damaged or missing parts;
(ii) we will charge a 5% fee calculated on the purchase price plus postage of the Product for a ‘change of mind’ return.
Incorrect Details
(a) It is your sole responsibility for ensuring that the personal information and contact details which you provide us regarding a Product recipient are correct and complete.
(b) Please contact us as soon as possible if you supply incorrect or incomplete personal information and contact details for a Product recipient. We will do what we can to assist you to correct those details.
(c) We will not be responsible if a Product purchased on our platform is lost, stolen or fraudulently used by another person due to your failure to provide the correct personal information and contact details for the Product recipient.
Promotions and Advertising
(a) You consent to us sending you communications regarding promotional events, sales, discounts, special offers, and other general marketing and advertising materials and resources from time to time. We will conform to the requirements of the Spam Act 2003 (Cth) when sending any such communications to you.
(b) You acknowledge that additional terms and conditions may apply to any promotional events, sales, discounts or special offer which we may offer into the future.
Links to Third Party Sites
We do not accept responsibility for material linked to or otherwise accessible through our website or app. We do not review independent sites, nor do we control their content. Any links provided to you on our website are merely done for your convenience.