Terms of Service
Introduction
This website is owned and operated by Wings of Paradise and are the supplier of the goods featured. The use of this website is governed by the policies, terms and conditions (the terms) set forth below. You should only access and use this website once you have read, accepted, and agreed to comply with the terms. Your use of this website including for the purposes of placing an order, registering an account or signing up to receive our emails is deemed to be your acceptance of the terms. If you do not agree with any of the terms, do not access or use this website. These terms shall supersede any subsequent terms or conditions included with any purchase order, whether or not those terms or conditions are signed by us.
Copyright and Trade Marks
The content of this website including all information, text, names, logos, branding and trademarks are the property of Wings of Paradise and are protected by copyright, trademark and other intellectual property rights, unless expressly indicated otherwise on this website. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this website. All other use, copying or reproduction (including reproduction or display on any other website) of any part of this website is prohibited unless expressly stated otherwise and rights not expressly granted herein are reserved. You must not use this website in any manner or for any purpose which is unlawful, or which violates the rights of any owner of any Content. Unless expressly stated otherwise, nothing contained in this website should be construed as a license or right of use of any trademark or copyrighted material displayed on the website without the express written permission of the owner of the trademark or copyright.
No Warranty or Representations
While we make every effort to ensure the information contained within or accessible by you through this website is accurate (Information), we make no warranty or representations about the accuracy, reliability, completeness or timeliness of the Information. The Information may contain inaccuracies or typographical errors. We have no liability for any errors or omissions and your use of this website and the Information is at your own risk. Any Information is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Use of the information is not meant to serve as a substitute for professional medical advice. Please consult with your own doctor or health care practitioner regarding the use of any of our products or the Information before using or relying on them.
Exclusions and Limitations of Liability
To the full extent permitted by law, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by us. Where legislation implies into this Agreement any condition or warranty that cannot be restricted or modified, our liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one or more of the following: (a) replacement of the products or Treatments, the repair of the Products , or the supply of equivalent Products or Treatments; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products. This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified. At large, we will not be liable for any loss or damage of any nature.
Limitation of Liability - Website
You agree that, to the fullest extent permitted by law, we will not be responsible or liable in relation to your use of any website of Wings of Paradise (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to our website; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of our website, including through or in relation to a hyperlink to or from third party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control. You agree to defend, indemnify and hold harmless Wings of Paradise (and each of their joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Sites; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of our website.We will not be under any liability to you or any other person for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including indirect or consequential loss or damage,) however caused (including due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these terms. We do not warrant that any of the functions contained in this website or your access to this website will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.
Binding Conditions and Variations
The terms of this website are legally binding. We reserve the right to make changes to this website and its terms at any time. You will be bound by the amended terms from the time that we post the updated terms on this website. You should visit this page before each access or use of this website and periodically to review the terms.
Breach and Termination
If, in our reasonable opinion, you have breached any provision of this Agreement we may immediately issue a warning or temporarily suspend or permanently prevent your access to any or all or parts of our website. In any event, we may terminate the Agreement (and your rights to use our website) at any time and for any reason without prior notice to you.
Applicable Law and Jurisdiction
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of the state in which you purchase products from us. By purchasing products from us you submit to the jurisdiction of the courts of Australia and where applicable the court of the state in which you purchase those products and you agree that any legal action will only be commenced in these forums.
Information Storage & Payments
We do not store your credit card data. If you choose a direct payment gateway to complete your purchase, then Stripe will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.For more insight, you may also want to read Stripe’s Terms of Service (https://stripe.com/en-au/legal/ssa) or Privacy Statement (https://stripe.com/en-au/privacy).
Consent to Receive Emails
By ordering product or registering on the website and agreeing to sign up for the email marketing newsletter, you consent to being sent information via email from Wings of Paradise. You can unsubscribe via a link in our emails, in the My Account section of the website or by contacting our Customer Service Team at contact@wingsofparadise.com.au and we will remove you from any marketing email communications. If you opt out of receiving communications via email, you will be removed from our email database. However, your account will still be valid for your use. You may contact us at any time and request your personal information or ask us to no longer use your personal information for marketing.
Products and Orders
All orders placed by you are an offer of purchase and are subject to acceptance by us. If an order is not accepted a full refund will occur at the earliest possible convenience. We reserve the right to refuse an offer for any reason. The products we make available for purchase, including any samples we may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us.Without limiting the above, we reserve the right to refuse or reduce the quantity of any orders that we reasonably believe are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by us in our sole discretion. Except where prohibited by law, we may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy our products.In the event of the requested products being unavailable, we may cancel the transaction and effect a full refund.
Refund Policy
Refunds will be given under guidance of the Australian Consumer Law, typically for either a) a product you have purchased which we are unable to provide to you or b) if the product is materially faulty. Otherwise in general, refunds will not be given for products purchased.