Terms & Conditions
1. User agreement
- By visiting and/or using the showbags.com.au website, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”).
- This agreement is formed between anyone who visits this website (“you”, “user”, “member” and “visitor”) and Bensons Trading Company Pty Ltd (ABN 11 004 681 609) of 39 Swann Street Derrimut, Victoria 3026 (“us”, “our”, “we”).
- If you do not agree to any provisions of this agreement, you must not use the website.
- We reserve the right to make changes to this agreement from time to time at our sole discretion which may take effect immediately. By continuing to use the website following the making of the changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering goods, to acquaint yourself with the current version.
- When transacting on the showbags.com.au website, you may choose to proceed to checkout as a guest or you may register.
- To access some features of the website, you will need to be a registered member.
- When registering and activating an account, you must provide personal information such as your name and address, contact phone number and a valid email address.
- You are responsible for the activity that occurs on your account, and you must keep your account password secure.
- If you suspect or become aware of any unauthorised access or use of your account or your password is no longer secure, you agree to notify us.
3. Legal Capacity
- By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- are over eighteen (18) years of age, and/or
- are entering into a legal contract with us.
- Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of services to You / Termination
- We reserve the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used before the change. We may stop providing access to the website to you or to visitors or members generally, temporarily or permanently at our reasonable discretion and without prior notice to you. This will not affect any completed purchases that you have made. We may terminate your account or restrict your access to the website if we reasonably consider that there has been a breach of this agreement by you.
- We will provide services with due care and skill but except to the extent required by law we do not warrant that the website will be provided without fault or disruption. To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the website and any purchases made from the website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our website;
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
- We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is http://www.showbags.com.au with no characters before or after ” www.showbags.com.au “
- Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
6. Use of website by you
- You agree to use the website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
- You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
- You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
- You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Description of goods and /or services and pricing and other information
- The products displayed on the showbags.com.au website consist of showbags, confectionary, licensed novelty bags, toys and gifts. All products meet Australian toy and safety standards and are vetted by Australian Consumer Affairs and Fair Trading bodies Australia Wide.
- Information about products on the website is based on material provided by suppliers and product manufacturers.
- To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to assess the suitability of products before you purchase.
8.Customer Service Policy
- Bensons is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 5-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
- Products displayed on the website do not constitute an offer to sell. It is an invitation to make a negotiation or offer only (a treat).
- Orders placed by you are offers to purchase particular product/s under the terms and conditions in this agreement at the price specified (including delivery and other charges).
- We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
- We reserve the right to charge a cancellation fee of 20% of the purchase price or $20 (whichever is lower) being an estimate of the restocking costs associated with the cancellation.
- PRODUCT AND STOCK INFORMATIONAll orders are subject to stock availability. Should an item be sold out, we will contact you via phone or email and refund the monies paid for the item to the original method of payment.
All colours of products are reproduced as accurately as possible, however a slight variation may occur in colour. Colours may appear slightly different via this web site due to computer picture resolution and individual monitor settings.
10. Price and Currency
- The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable. All transactions are processed in AUD.
11. Shipping Costs
- Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. You can obtain a shipping “quote” before proceeding to checkout.
- All payments must be received in full prior to shipping. If your payment is not received or declined by your bank or credit card issuer, we cannot reserve product against your order.
13. Supply of product
- Subject to this agreement, we will supply to you the products shown on your order confirmation.
- You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
- Contents of yourtoybox may vary according to product availability- Replacements would be of at least equal value to the original item.
14. Risk and Title
- We retain ownership of goods until payment is received in full.
- Risk in goods, such as loss or damage, passes to you upon delivery.
15. Change of mind returns / Store credit
- We are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
- However, if you wish to return products for change of mind reasons (and provided that we agree to you doing so) to be eligible for a refund or credit, products must be returned in their original packaging and in saleable condition. We accept returns of UNOPEN cartons. (Generic Novelty Bags Only). Due to licensing agreements we are unable to accept credits on licensed yourtoybox or products due to change of mind. Damage or faulty licensed products can be returned on completion of goods return form from showbags.com.au
- Due to health and safety standards we can not accept any returns on any yourtoybox containing confectionery, food items or in the Cadbury range.
- We will provide you with a credit for the purchase price less delivery fee.
- We reserve the right to charge a fee of the lower of 20% of the purchase price or $20, based on our reasonable estimate of the restocking costs associated with the change.
- Up to 20% of your original order may be refunded (full carton quantities only).
- We will provide you with a credit only when we receive the returned product. Return postage is at your expense.
- Store credits must be used within 12 months of issue. Store credits may only be used to purchase from showbags.com.au and are not redeemable for cash.
- showbags.com.au reserve the right to review and deny returns on a case by case basis.
16. Statutory Conditions and Warranty / Refunds/ Repairs/ Replacements
- The Australian Consumer Law (“Law“) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a “major” failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund, repair or replacement at our election.
- As supplier, we provide the following express warranties subject to the following terms and conditions:
- We will refund, or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law) if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law) is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
- Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it.
- Replacement products are subject to the same warranties as the original.
- Refunds will be issued by direct deposit, cheque or PayPal at our discretion.
- In order to obtain these remedies:
- You must notify us within a reasonable time of supply of the goods. In this context a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 14 days, but in some circumstances may be longer. Please contact us and we will advise you of the best way to return any products.
- Except if and to the extent the Law requires otherwise, replacement of product or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
- We aim to process refunds and replacements within 30 days of receipt by us of the original product.
- We do not refund or replace where in our reasonable opinion the product has following sale to you become of unacceptable quality, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
17. Links to third party websites
- We may have no responsibility or control over links to third party websites. These links do not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
18. Intellectual property
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
- If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
19. Transfer and Assignment
- In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
20. Force majeure
- We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
21. Applicable law
- This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
- If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
23. Privacy and personal information
- We do not collect personal information if you only browse this website.
- We only collect personal information directly from you, through the registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
- Online payments are handled by Eway a global payment gateway company and processed through Westpac. We do not see or store your credit card or banking details. Please check the eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.
- When purchasing from Bensons your financial details are passed through a secure server using a minimum of 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.(firstname.lastname@example.org)
- Our server may log (and we may have access to) details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
- We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us and/or related websites operated by us or our related entities. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
- We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
- you have consented;
- you would expect us to;
- it is required or authorised by law;
- it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
- the disclosure is reasonably necessary for law enforcement.
- You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
- You consent to the transfer of personal information in the circumstances set out in clause 23 above.
Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre or by writing to us at:
Bensons Trading (ABN: 11 004 681 609)
39 Swann Street
Derrimut Vic 3026
Tel: 03 9368 4609