Conditions of Use & Sale

Welcome to bobbleart.com.au

In these Terms and Conditions "Bobble Art" means Bobble Art (Aust) Pty Ltd and the "Buyer" means the person or firm or company purchasing the goods from Bobble Art. "Goods" means the products which are the subject of contract of sale to which these Terms and Conditions apply, and "Order" means an order placed by the Buyer for the supply of Goods. All products and orders are subject to the conditions set out on this page. Please note we are aware of how complex the following statements can be and so please don’t hesitate to contact us if you have specific concerns.

Conditions of Use

Please read these conditions carefully. By progressing with your order, you signify your agreement to be bound by these conditions. 

  1. PRIVACY

Please review our Privacy Notice to understand our practices.

  1. ELECTRONIC COMMUNICATIONS

When you use our services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail, post or by phone. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

  1. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through our website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Bobble Art or its content suppliers and is protected by international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any of our services is the exclusive property of Bobble Art and is protected by international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Bobble Art website, communications or any other format, without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation. You may also not create and/or publish your own database that features substantial parts of our products / services (e.g. our prices and product listings) without our express written consent.

  1. TRADEMARKS

Bobble Art is a registered trademark. In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Bobble Art website are trademarks. No trademarks or trade dress can be used in connection with any product or service that is not from the Bobble Art brand, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Bobble Art.

  1. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Bobble Art or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of our services. This licence does not include any resale or commercial use of any of our services or contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of our services or its contents; any downloading or copying of account information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Bobble Art or its licensors, suppliers, publishers, rights holders, or other content providers. No Bobble Art Service, nor part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not use any meta tags or any other "hidden text" utilising the  Bobble Art names or trademarks without our express written consent.
You may not misuse our services and you may only use them as permitted by law. The licences granted to you terminate if you do not comply with these Conditions of Use or any Service Terms.

  1. YOUR ACCOUNT

If you use any of our services you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings.
You must not use any of our service: (i) in any way that causes, or is likely to cause, any of our services, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right and in some instances the obligation, to remove or edit such content. If you believe that any content on or advertised for sale on our website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information present, please contact us and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Bobble Art a non-exclusive, royalty-free and fully sub licensee and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Bobble Art, its sub licensees and transference the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Bobble Art including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Bobble Art for all claims brought by a third party against Bobble Art arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

  1. INTELLECTUAL PROPERTY CLAIMS

Bobble Art respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us and we will address as a priority..

  1. OUR LIABILITY

We will do our utmost to ensure that availability of our services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to our services / your account may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Bobble Art will not be responsible for losses (including business losses eg: loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), that were not caused by any breach on our part, or any indirect or consequential losses that were not foreseeable to both you and us.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of Australia and its territories and the parties agree to submit to the exclusive jurisdiction of the Australian courts

  1. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any our services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use our services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

  1. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use our services only with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

Bobbleart.com.au is the trading platform for Bobble Art (Aust) Pty Ltd. This website is owned and operated by Bobble Art (Aust) Pty Ltd.


Bobble Art (Aust) Pty Ltd
ABN No: 73 896 919 617 (Australia))

Phone:       +61 (0) 3 9822 5071               
Email:         info@bobbleart.com  

15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that your rights are being infringed, please contact us giving full details of your claim and valid contact information.. We respond expeditiously to rights owners and their agents notify us about any alleged infringement.
Upon receipt of a your claim we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a claim, you grant to Bobble Art the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the claim to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Bobble Art for all claims brought by a third party against Bobble Art arising out of or in connection with the submission of a claim.
Important Warning: giving false, misleading or inaccurate information in the claim to Bobble Art may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

  1. NOTICE AND PROCEDURE FOR NOTIFYING BOBBLE ART OF DEFAMATORY CONTENT

We endeavour to be aware of all content, customer reviews and comments hosted on bobbleart.com.au, however in the event that you feel there is defamatory content please notify us immediately detailing the following information:

  • URL where we can review the content
  • The specific part of the content that is deemed defamatory.

Important Warning: giving false, misleading or inaccurate information of Defamatory Content on may result in civil and criminal liability.

ADDITIONAL SOFTWARE TERMS

 

  1. Use of the Our Software. You may use our software solely for purposes of enabling you to use and enjoy our services as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of  our software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the our software or otherwise assign any rights to the software in whole or in part. You may not use the our software for any illegal purpose. We may cease providing any our software and we may terminate your right to use it at any time. Your rights to use the software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. All software used in any of our services is the property of Bobble Art or its software suppliers and protected by and construed in accordance with the laws of Australia and international copyright laws.
  2. Use of Third Party Services. When you use the bobbleart.com.au website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the our software, whether in whole or in part, or create any derivative works from or of it.

Conditions of Sale

Please read these conditions carefully. By progressing with your order, you signify your agreement to be bound by these conditions. 
These Conditions of Sale govern the sale of products by Bobble Art to you bought directly through bobbleart.com.au or otherwise.
Please read these conditions carefully before proceeding to place an order. By placing an order with us, you signify your agreement to be bound by these conditions.

  1. OUR CONTRACT

Your order is an offer to Bobble Art to buy the product(s) in your order. When you place an order to purchase a product from Bobble Art, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Shipping Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Bobble Art. Without affecting your right of withdrawal set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
You consent to receive sales invoices electronically although copy invoices are available on request. .

  1. RETURNS

Please review our Returns Policy which applies to products sold by Bobble Art. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy
Bobble Art does not take title to returned items until the items arrive at the returns address destination. At our discretion, a refund may be issued without requiring a return. In this situation, Bobble Art does not take title to the refunded item.

  1. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

  1. PRODUCT INFORMATION

Unless expressly indicated otherwise, Bobble Art is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
Bobble Art accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

  1. CUSTOMS

When ordering products from our website(s) for delivery outside of the Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

  1. OUR LIABILITY

Bobble Art and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts

  1. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

  1. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use this and all other Bobble Art associated websites with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

Bobbleart.com.au is the trading platform for Bobble Art (Aust) Pty Ltd. Our contact details can be found using our contact us page.