Terms and Conditions
Terms of Use
This Terms of Use Agreement (“Terms of Use”) is a legal agreement between you and HYS. (“HYS”, “we”, “us”, or “our”) providing, among other things, the terms and conditions for your access to and use of our web site www.honeymoonyourself.com (the “site” or “website”).
HYS may modify these terms and conditions at any time by publishing a revised version of the terms and conditions on this website. If you do not agree to, or cannot comply with, the Terms of Use as amended, you should not use this Site. You will be deemed to have accepted these Terms of Use as amended if you continue to use this Site after any amendments are posted on this Site.
Disclaimer
The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, HYS does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, HYS does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided.
In addition, to the fullest extent permitted by law, HYS does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. HYS accepts no liability arising from your access to this website.
Limitation of Liability
Subject to the provisions of consumer protection legislation that cannot be excluded, HYS accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, HYS will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, HYS limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
Errors, Inaccuracies and Omissions
On occasion of information on HYS site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability we reserve the right to correct any of these errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information on the website has been modified or updated.
Intellectual Property
Copyright
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of HYS and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of HYS and protected by Australian and international copyright laws.
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Trademarks
HYS and all related graphics, photographs, logos, and product and service names are trade marks (both registered and unregistered) of HYS. These trade marks, logos and other proprietary graphics may not be used in connection with any other product or service without HYS's express prior written consent.
Licence and Site Access
HYS grants you a limited licence to access and make personal use of this site and not to download (other than page caching or to access inquiry forms/files designed for downloading) or modify it, or any portion of it, except with HYS's express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of HYS. You may not use any metatags or any other hidden text using HYS's name or trademarks without HYS's express prior written consent. Any unauthorised use will automatically terminate the licence granted above.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.honeymoonyourself.com so long as the link does not portray HYS or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by HYS, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any HYS logo or other proprietary graphic or trademark as part of the link without HYS's express prior written consent.
Third Party Websites
HYS may include links on this website to websites owned by other parties. HYS is not in any way responsible for the material contained on these sites, nor is HYS responsible for the availability of these sites. HYS does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is HYS responsible for any damage, offence or loss caused as the result of visiting these websites.
HYS recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
Terms of Trade
If you purchase any products via this website, you must agree to HYS's Terms of Trade (see Shopping and Shipping below).
Privacy
Personal information provided to HYS via this website will be handled in accordance with HYS's Privacy Policy.
Security
HYS's credit card transactions are fulfilled by a third parties authorised under the laws applicable to this website. When collecting credit card information for online purchases, these third parties offer secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and held according to Terms and Conditions of these parties.
Please refer to STRIPE Privacy Policy and Pay Pal Privacy Policy.
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Although HYS engages all reasonable efforts to safeguard the security of your information, transmissions made through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.
Shopping and Shipping
In these Terms of Trade, "HYS" means HYS (ABN 62 274 478 642) trading as HYS, 'you' means the organisation or individual who is ordering product on the website, the "Products" means the HYS products which may be ordered on the website, "Order" means HYS products ordered by you to deliver to a nominated address.
Shipping costs and deliveries
We aim to deliver Products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we can’t guarantee firm delivery dates or times. Set delivery frames are estimate information and as such is indicative only.
Orders
1. All orders must be submitted through HYS website​.
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2. HYS reserves the right to refuse any order. In such case, HYS will notify you as soon as reasonably practicable and refund to you any payment in full.
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​3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place.
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4. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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5. You agree to provide current, complete and accurate purchase and account information for all transactions made through HYS website.
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6. You agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete transaction and contact you as needed.
Prices and Payment
1. All prices on the website are in Australian dollars (AUD) and are inclusive of GST. Prices are subject to change without notice.
2. The amount payable to HYS for an order (order amount) will be the total of the following amounts:
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the sum of the price of each product ordered as indicated on the website at the time of submitting the order (product subtotal);
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the cost of delivery determined at the checkout, and
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the sum of any other fees which HYS levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
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3. You must pay the order amount by credit card at the time of submitting the order.
HYS accepts Visa, Mastercard, American Express, PayPal.
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4. Where the order is to be delivered to an address outside of Australia, you may need to pay additional duties and taxes at customs which will be your responsibility. These additional chargers are not included in our prices/shipping costs.
GST
1. In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.
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2. Where HYS makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, HYS will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
Liability
1. Without limiting HYS's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, HYS reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
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withhold supply and dispose of the products requested in the order, and/or
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refuse to deal further with you, and HYS will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
2. Subject to the fullest extent permitted by law, the products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the products for the purposes for which you intend to use them.
3. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of HYS for any loss or damage suffered by you as a result of HYS breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the products) is limited to a refund or replacement of the relevant products.
NO Warranty
1. Subject to the following clauses and to the fullest extent permitted by law, HYS gives no warranty in respect of the Products.
2. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that HYS is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample as close as practically possible. We do not guarantee the accuracy of the colour or design of the Products on HYS website, however we have made efforts to ensure the colour and design of Products are displayed as accurately as possible. If HYS breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, or the supply of equivalent goods.
Refunds and Returns
Items purchased in a specialty retailers must be returned to their original point of purchase.
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Due to the nature of our products, we are unable to accept returns or offer refunds/exchanges. We encourage you to purchase samples of the product before committing to the full size version.
Should an item be damaged while it is being shipped to you by us, HYS will provide you with a full refund or replacement. Please contact us with your order details and an accompanying photo of the damaged item. Return postage will be reimbursed in case of damaged, defective or incorrectly sent items and a reimbursement will be issued in the original form of payment.
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It is the customer's responsibility to ensure that a safe and secure delivery address is provided and that all shipping information is entered accurately. We are unable to refund or replace orders due to incorrect shipping addresses, left, lost, or stolen packages. We will not be held liable for lost packages once proof of delivery has been received
We will do our best to process returns within 5 business days of receipt and a reimbursement will be issued in the original form of payment.
HYS Gift Cards
An HYS Gift Card entitles the owner to purchase products up to the nominated value from the HYS online store within the currency in which the card was purchased. The value on the card can be used for purchases in whole or in part, and on multiple occasions on www.honeymoonyourself.com. It cannot be reloaded, exchanged or redeemed for cash, or transferred to another digital gift card or owner. HYS Gift Cards have no expiry date. To verify available funds at any time, please email talktome@honeymoonyourself.com. Each HYS Gift Card is linked to a unique Gift Card Number to ensure its security and integrity, and allow for multiple transactions online
Force Majeure
If HYS is delayed or hindered in or prevented from performing any of its obligations regarding any online order by reason of any event or circumstance beyond its reasonable control, HYS will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
Indemnification
You agree to indemnify, defend and hold harmless HYS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Trade or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
General
1. These Terms of Trade and any policies or operating rules posted by HYS on the site constitute the whole agreement between the parties supersede all prior discussions or contemporaneous agreements, communications and proposals, whether oral or written, between them (including, but not limited to, any prior versions of the Terms of Trade).
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2. The failure of HYS to exercise or enforce any right or provision of these Terms of Trade shall not constitute a waiver of such right or provision.
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3. If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
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4. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Trade are effective unless and until terminated by either party. You may terminate these Terms of Trade at any time by notifying HYS that you no longer wish to use our services, or when you cease using HYS site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Trade, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
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5. Any ambiguities in the interpretation of these Terms of Trade shall not be construed against the drafting party.
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6. Orders and these Terms of Trade will be governed by the law applying in the State of Tasmania, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Tasmania, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade
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HYS welcomes questions and comments about this Terms of Conditions. Requests, questions or comments should be directed to talktome@honeymoonyourself.com