Terms of Service
The Boho Culture Co. Pty Ltd, ABN: 19937645980 offers beautiful clothing and accessories curated for babies through our website https://thebohoculture.com/
By ordering products from our online shop, you acknowledge that you have read, understood, and agree to be bound by these Online Shopping Terms and Conditions.
Terms of Sale
1. Purchasing products
1.1 You may buy products offered online by The Boho Culture Co. Pty Ltd by navigating the catalogue and shopping cart available on our website.
1.2 To purchase products via our website, you must be at least 18 years of age.
1.3 By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete, and not misleading.
2.1 All prices are in Australian dollars.
2.2 Prices include Australian Goods & Services Tax (GST) unless your billing address is outside Australia.
2.3 All prices exclude delivery charges and customs duty and other taxes, if applicable.
2.4 GST will be applied to all purchases delivered within Australia regardless of where the Customer is located.
2.5 All prices are subject to change without notice.
3.1 The full payment for your order (including the product price and applicable delivery charges) will be deducted from your chosen payment method on completion of your order.
3.2 We accept payment by Visa, MasterCard, Shop Pay, PayPal, Apple Pay and Google Pay.
3.3 We do not retain or store credit card details.
Redeemable online gift cards may be purchased online and are valid for one (1) year from the date of purchase.
Only one discount code may be applied per order at the checkout. If you need assistance or have any questions about using a discount code, please email us: firstname.lastname@example.org.
4. Shipping and Delivery
4.1 You must enter the correct delivery address details at the time of ordering.
4.2 If your goods are returned because an incorrect address was provided, you will be required to pay shipping costs to the correct address before the release of your item/s.
4.3 Most items will be posted within three (3) business days (unless otherwise specified) of receiving cleared funds.
4.4 If you make a purchase over the weekend or on a public holiday, we will receive your payment on the next business day and ship within three (3) business days (unless otherwise specified).
Shipping within Australia
4.5 All items are shipped via Sendle or Australia Post, a third-party shipping service provider.
4.6 Orders under $99.00, are charged $9.95 shipping fees (standard shipping).
4.7 Orders $100.00 and over are shipped free of charge (standard shipping).
4.8 Express shipping is available at the checkout for $15.95.
4.9 Items sent by standard shipping are scheduled for delivery within seven (7) business days.
4.10 Items sent by express post are scheduled for delivery within 1-4 business days.
4.11 All items are shipped via a third-party shipping company, Sendle or Australia Post.
4.11 For all orders, shipping fees are $20.
4.12 Items are scheduled to arrive within 7-14 business days.
5. Returns Policy
It is important to us that you are satisfied with your purchase of our products. The following conditions are strictly applied to all returns and requests for refund or exchange.
5.1 All return products for either refund or exchange must be in new and unused condition, unworn (if applicable), with all tags and original packaging still intact and in a saleable condition.
5.2 In the interest of hygiene, we may refuse some products (e.g. dummies and teething toys) to be returned for health and safety reasons.
5.3 A refund or return is not offered for a change of mind.
5.4 We do not provide refunds for circumstances that do not require a refund under the Australian Consumer Law.
Postage fee management
5.16 The Boho Culture Co. will reimburse you for return postage for a faulty item, or where we have made an error (e.g. despatching an incorrect item) using Sendle or standard Australian Post services.
Faulty or Defective Garments
5.17 The Boho Culture Co. reserves the right to inspect and assess the condition of returned merchandise that has been worn before processing a refund or exchange.
5.18 We will happily provide a full refund and reimburse you return shipping costs via Sendle or standard Australia Post where the item is deemed to have a genuine manufacturers fault or defect under the following conditions:
5.19 When the return item is received, examined and a refund is approved, an email will be sent to the Customer confirming refund approval.
6. Special offers
6.1The Boho Culture Co. may provide special offers from time to time.
6.2 At any time, we may terminate any special offer without advance notice.
6.3 If terminated, a special offer will continue to apply to products you ordered in good faith under these Terms before the special offer was terminated.
From time to time, The Boho Culture Co offers selected items for pre-order. By placing a pre-order, you understand and agree:
7.1 If you purchase any In-stock item with a pre-order item, your In-stock order will be held and despatched with the pre-order item when it is received at our warehouse.
7.2 The date of delivery will be an estimate only, and the delivery date is not guaranteed.
7.3 You cannot cancel an order that includes a pre-order.
7.4 The order must be delivered to you before you can engage in any return, exchange or refund process under these Terms of Sale.
8. Liability and waiver
8.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
8.2 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
8.3 You are also entitled to have the products replaced if the products fail to be of acceptable quality, and the failure does not amount to a major failure.
8.4 You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
8.5 To the extent legally permitted, The Boho Culture Co is not liable to you for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services.
8.6 This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence.
8.7 Where we refund you the amount of your order as provided in your Agreement with us under this Terms of Sale (less any amount you have agreed we may deduct, as described in these terms and conditions), you accept such refund is the total amount of our liability to you for all circumstances relating to the refund.
8.8 All products purchased are purchased for personal use, and you make the purchase and use the products for their general description application at your own risk.
8.9 Please read all product descriptions and care instructions carefully to ensure you are purchasing and using each item for its intended purpose, not to damage the product or more importantly, put your child’s safety at risk.
8.10 We have done our best to make these terms clear in each description. We cannot be held responsible should an item be misused, or the information provided be ignored.
8.11 Usage of our products should be under strict adult supervision.
8.12 When purchasing our products for children, it is essential to consider their age and stage of development.
8.13 It is the responsibility of the parent/guardian/carer to gauge the suitability of our products.
9. Force Majeure (events outside our control)
9.1 A Force Majeure event is an event outside our control that delays or hinders our ability to perform our obligations under this Agreement.
9.2 A Force Majeure event includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, communication, technology or utility failures, computer virus or unauthorised tampering.
9.3 The Boho Culture Co is obliged to act reasonably to mitigate the effect of a Force Majeure event to perform its obligations under this Agreement.
9.4 The Boho Culture Co shall not be deemed in breach of this Agreement for the suspension or delay in performing, or failure to perform, any of its obligations under this Agreement if delay or failure of performance result from Force Majeure events.
9.5 Upon the occurrence of any Force Majeure Event, The Boho Culture Co shall notify the Customer of its inability to perform or of delay in supply or delivery and shall propose the following at its discretion:
9.6 Where performance is impossible due to duration and effect of the Force Majeure event, The Boho Culture Co shall not be liable to the Customer for damages arising out of or relating to the suspension or termination of any of its obligations or duties under this Agreement because of the occurrence of a Force Majeure Event.
10. Dispute resolution
10.1 Should a dispute arise regarding our service, we strongly encourage you to contact The Boho Culture Co at email@example.com to seek a resolution.
10.2 Any reasonable requests will be considered, and The Boho Culture Co will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
11.1 We may alter these Terms from time to time by posting the modified version on our website.
11.2 You should visit the website regularly to keep up to date with any alterations.
11.3 In the case of an alteration, the altered Terms only apply to products ordered via the website after the modification takes effect.
12. Applicable law
12.1 These Terms shall be construed under and governed by the laws of the State of Queensland, Australia.
12.2 You consent to the exclusive jurisdiction of the courts of Queensland to determine any matter or dispute which arises between you and The Boho Culture Co.
By proceeding with your purchase, you are deemed to have read, understood and agreed to our Terms of Sale.
The Boho Culture Co.