TERMS & CONDITIONS
ABOUT THE WEBSITE
Welcome to the My Little Room website; the Website provides you with an opportunity to browse and purchase various products that we have listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’). By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms & Conditions (‘Terms’). If you do not agree with the Terms, you must cease usage of the Website.
The Website is owned and operated by My Little Room (ABN 58 107 871 484) (‘we’, ‘our’, ‘us’ or ’My Little Room’). Access to and use of the Website, or any of its associated Products or Services, is provided by My Little Room.
My Little Room reserves the right to review and change any of the Terms by updating this page at its sole discretion. When My Little Room updates the Terms, it will publish the updated Terms on the Website. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. You accept the Terms by remaining on the Website.
REGISTRATION TO USE THE WEBSITE
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, you are required to provide personal information about yourself (such as identification or contact details), including, but not limited to: First Name and Surname, email address, mailing address, telephone number and password.
You warrant that any information you give to My Little Room whilst completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if you are not of legal age to form a binding contract with My Little Room.
As a Member, you agree that you have the sole responsibility for protecting the confidentiality of your password and/or email address. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify My Little Room of any unauthorised use of your password or email address or any breach of security of which you have become aware.
As a Member, you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by My Little Room for any illegal or unauthorised use of the Website.
PURCHASE OF PRODUCTS
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
Payment of the Purchase Price may be made through Commbank, PayPal (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself, with and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by My Little Room, you will be issued with a receipt to confirm that the payment has been received and My Little Room may record your purchase details for future use.
All of the prices shown on our Website are in Australia Dollars (‘AUD’) and include goods and services tax (‘GST’).
Whilst we try to ensure that all products on our Website are available, sometime items may be sold out or become unavailable; if this happens we will contact you as soon as possible to arrange either a refund or agreement for the item to be delivered within a specified time frame.
REFUNDS
You will be entitled to a refund where we are required to do so under Australian Consumer Law, we also offer a change of mind return.
To arrange a refund/return please call us on 02 9785 6038 or email us at returns@mylittleroom.com.au. Refunds/returns are subject to My Little Rooms’ Refund Policy, which is available on the Website.
WARRANTY
My Little Room’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a have the product or service supplied to you again; supply of an equivalent product; repair of the product or the payment of the costs of replacing the product or of securing an equivalent product.
The Warranty does not apply to any supplied Product which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
DELIVERY
You acknowledge that the Purchase Services offered by My Little Room integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
In providing the Purchase Services, My Little Room may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that My Little Room is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
Please note that we reserve the right to refuse an order should we not be able to deliver the parcel in a timely or economic manner.
You acknowledge that you have ensured that the delivery address is correct, My Little Room will not be liable for additional delivery costs associated with you providing an incorrect delivery address.
COPYRIGHT AND INTELLECTUAL PROPERTY
The Website, the Purchase Services and all related products of My Little Room are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software)(the’Content’) are owned or controlled for these purposes, and are reserved by My Little Room or its contributors.
You may not, without the prior written permission of My Little Room and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. My Little Room reserves the right to take action against you if you breach any of these terms.
PRIVACY
My Little Room takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to My Little Room’s Privacy Policy, which is available on the Website.
GENERAL DISCLAIMER
You acknowledge that My Little Room does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
My Little Room will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
My Little Room will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of My Little Room (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of My Little Room, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of My Little Room (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (Including the products or Purchase Services of My Little Room) referred to on the Website. You acknowledge that My Little Room does not exert control over the users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
LIMITATION OF LIABILITY
In using this Website you acknowledge that My Little Room is not legally responsible for any loss or damage that you might suffer in relation to the use of this Website, Purchase Services or Products. Whether from errors or omissions, any Purchase Services, Products or Purchases made on the Website or from the use of the Website. Your use of any of the information or materials on our Website is at your own risk. And My Little Room will not be liable for any loss or damage suffered by you or a third party through the use of the Website.
You acknowledge that My Little Room does not provide the Delivery Services to you and you agree that My Little Room will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
TERMINATION OF CONTRACT
The Terms will continue to apply until terminated by either you or by My Little Room. Should you wish to terminate the Terms, you must notify My Little Room in writing via email or post; and close your accounts for all of the Purchase Services which you use, where My Little Room has made this option available to you. My Little Room may at any time, terminate the Terms with you.
In event of termination by either party; all of the legal rights, obligations and liabilities that you and My Little Room have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
INDEMNITY
You agree to indemnify My Little Room, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection to the use of the Website by you.
DISPUTE RESOLUTION
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties each pay their own costs associated with the mediation; any mediation will be held in Sydney, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
VENUE AND JURISDICTION
The Purchase Services offered by My Little Room is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
GOVERNING LAW
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
SEVERANCE
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
CONTACT US ON:
My Little Room
Postal Address: PO Box 496, Mortdale NSW 2223, Australia
Phone Number: 02 9785 6038
Website: www.mylittleroom.com.au
Customer Service enquiries: info@mylittleroom.com.au
Terms updated on 13 April 2022