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Terms & Conditions

PROMOTIONS — $20 OFF FIRST ORDER

Valid on orders over AUD$100 only. First order only.

PROMOTIONS — 50% OFF SECOND SMOCK

CANNOT BE COMBINED WITH ANY OTHER OFFER. ONE USE PER ORDER. 

In these terms, "we" "us" and "our" refers to Sommerfugl Kids and https://www.sommerfuglkids.com/ (Website).

Sommerfugl Kids permits all users who visit the Website, make a purchase on the Website, or access Sommerfugl Kids content (referred to as you, or your) to:

+   access and use the Website;

+   place an order for any item/s, including e-Gift cards offered for sale through the Website;

+   view and interact with any content, information, communications or other material provided by Sommerfugl Kids and

+   otherwise communicate with Sommerfugl Kids;

subject to these terms and conditions (Terms).

Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website and/or purchasing item/s from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, then you may not access the Website.

Any new features or tools which are added to the Website and online store shall also be subject to these Terms. You can review the current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-Commerce platform that allows us to sell our products and services to you.

Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

By placing an Order through the Website, you are making an offer and commitment to purchase items in accordance with these Terms. An Order is subject to acceptance or rejection by Sommerfugl Kids in its discretion after receipt of the Order. Sommerfugl Kids may in its discretion cancel an Order. The Order cannot be cancelled by you unless you notify Sommerfugl Kids within 2 hours of the order being placed.

Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment. If you do not receive a confirmation email, your Order may not have been accepted. If you haven't received a confirmation email, please contact hello@sommerfuglkids.com to check the status of your Order.

Sommerfugl Kids reserves the right, following receipt of your Order, to accept, decline or limit your Order for whatever reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you and your Order is cancelled by us.

Item representation

Certain items may be available exclusively online through the website. These items may have limited quantities and are subject to return or exchange only according to Returns and Exchanges. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the quantities of items that we offer. All item descriptions or item pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any item at any time.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Accuracy of billing and account information

You agree to provide current, complete and accurate billing and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Risk and title

Title to the products in your order passes to you upon delivery.

All risk of loss or damage to the items in your order passes to you when we deliver your order to the carrier. The occurrence of any damage during shipment will not relieve you from making payment of the purchase price.

Website access and use

You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

Your obligations

By accessing and using the Website you warrant and agree that you will:

+   only use it to view, cache, browse, display, print or download a copy of any content featured on the Website to your computer;

+   use it for your own personal purposes and not for any purposes that are unlawful or may prejudice our reputation or interests of Sommerfugl Kids;

+   not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

+   not hack into, change or otherwise knowingly transmitting a virus or otherwise damage the Website or any information contained within it.

+   not use the Website for any activity which is obscene, indecent, offensive or defamatory;

+   refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website;

+   refrain from uploading onto the Website any material, or use the Website in any way which infringes the intellectual property rights of any person or which is unlawful or violates any law; or

+   not breach any other terms of these Terms or our Privacy Policy.

Technical information and security

The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, we are not liable for any breaches of security and you use the Website entirely at your own risk.

We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interference due to factors outside our control.

Your ability to access the Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that the Website will be accessible through all web borrowers or that it will be accessible at all times.

You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Intellectual property

The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

You should assume that intellectual property on the Website is owned by Sommerfugl Kids or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

Suspension or termination of access

We reserve the right to suspend or terminate access to the Website at our sole discretion if we believe there has been a breach of these Terms.

When that happens, we will endeavour to notify you of the breach and ways in which you can remedy them.

Third party links and content

Certain content, products and services available via the Website may include materials from third-parties.

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Comments and contribution

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

+   to maintain any comments in confidence;

+   to pay compensation for any comments; or

+   to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors and inaccuracies 

Occasionally there may be information on our Website 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 errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Our liability 

Except to the extent required by law, the contents of the Website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of the Website to the extent permitted by law. Where liability cannot be excluded any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

You agree that Sommerfugl Kids and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of the Website, any other third party linked website or Sommerfugl Kids products.

Under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website or Sommerfugl Kids products.

We are not responsible to you or anyone else for any loss suffered in connection with the use of the Website, any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.

Indemnity

You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of or conduct on the Website.

Personal information 

Your submission of personal information through the Website is governed by our Privacy Policy. 

General

Severability 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.

Entire agreement 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing law 

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

 

User Generated Content 

By giving Sommerfugl Kids permission to use your online images and video testimonial, you agree that Sommerfugl Kids:

  • can use the content on its websites, email, social media and other forums, including but not limited to for promotional purposes;
  • can use your image and social media handle in conjunction with your image and associated content;
  • has irrevocable, non-exclusive, royalty-free approval to use, reproduce, modify, publish and publicly display the content through any of our social media accounts, websites or digital platforms; and
  • is released from any liability for use of the image and/or content to the extent permitted by law.

You also agree and confirm you:

  • are at least 18 years old or if under 18 have permission from a parent or guardian;
  • own and control the copyright and or interest in the image and content, and it does not infringe any patent, trademark, copyright or other intellectual property of another;
  • have complied with all laws and regulations associated with acquiring and/or producing the content;
  • acknowledge statements, remarks or claims by you reflect your honest views and experiences;
  • will not make available any material that includes an image or personal information of another person unless you have their consent;
  • will not be paid by Sommerfugl Kids for use of your content, aside from any thank you discount codes; and
  • will contact Sommerfugl Kids if you no longer approve for your image or content to be published by Peet, by or emailing hello@sommerfuglkids.com.

This agreement is underpinned by our Privacy Policy, which aims to protect your privacy and personal information, as well as relevant social media platform policies and guidelines, and Australian laws and statutes. A copy of the policy can be found here.

Contact Us

Questions about these Terms should be sent to us at hello@sommerfuglkids.com.