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Terms & Conditions

Introduction
1. By using this website (located at www.jolietots.com.au), any related websites, social media platforms owned or operated by us (Websites), and our services, including making a purchase through the Websites and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
2. By agreeing to these Terms, you are entering into an agreement with Jolie Tots, including its successors, assignees, and related entities (Jolie Tots), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
3. Our Services, including but not limited to the registration of an account with us or placing of an order, are not intended to be used by children under the age of 18. If you are under 18, any use of our Services must be with the involvement of a parent or guardian.
4. By accessing or using our Services, you warrant and represent to us that you have read, understand, and agree to be bound by these Terms, that you are over 18 years of age, and that you have the right, authority, and legal capacity to enter into a legally binding agreement and abide by these Terms.
5. All terms and policies linked to or mentioned on our Websites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
Use of the Services
1. You agree that you are responsible for your access to our Services and for ensuring that any persons who may access the Services through your internet connection are aware of and compliant with these Terms.
2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state or country, and in any location where you access the Services, and that you will not use our Services for any unlawful or harmful activities, or for any activity that violates the rights of others.
3. When you provide your details to us, you warrant and represent that the information is accurate and that you are the account holder or authorised nominee of the contact details provided. You consent to being contacted during our usual business hours for customer service, order confirmation, product offers, and promotional purposes, and to receiving marketing and promotional materials via electronic communication, in accordance with our Privacy Policy.
4. By placing an order with us, you expressly consent to the receipt of electronic communications (including emails) regarding your order, which may include commercial or marketing content such as links to other products of interest. Due to the nature of such electronic communications, you agree that section 18(1) of the Spam Act 2003 (Cth) does not apply to such communications.
5. You agree that you will not:
  1. engage in unlawful, obscene, harassing, threatening, or harmful conduct;
  2. share your password or login details with any party;
  3. interfere with or disrupt the performance or functionality of our Services;
  4. impersonate any person or misrepresent your details, including your name or affiliation;
  5. use the Services for promoting political, religious, or inappropriate content;
  6. post another person's personal information or images without permission;
  7. engage in illegal activities or solicit unlawful actions;
  8. engage in phishing, trolling, or fraudulent activities;
  9. use the Services to redirect users to other websites;
  10. collect or solicit personal information from others for unlawful purposes;
  11. use automated tools or scripts to scrape data or access the Services;
  12. attempt to gain unauthorized access to any part of our Services;
  13. use the Services for purposes other than those intended.
User Generated Content
1. By uploading, publishing, transmitting, or making available any data, content, or other material to Jolie Tots, including but not limited to sharing posts using specific hashtags (#) in line with a campaign we might be running, posting, publishing, or uploading comments, reviews, images, photos, content, or any other material to our website (User Content), you grant Jolie Tots, its affiliates, licensees, and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute, and display any such content in any form, including but not limited to text, images, videos, graphics, audio, and photographs without attribution.
2. By posting, uploading, publishing, transmitting, or making available any User Content to Jolie Tots, you warrant and represent to Jolie Tots that:
  1. You hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and license the User Content to Jolie Tots;
  2. Jolie Tots' use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights, and privacy rights, and will not give rise to an obligation to make any payment to a third party;
  3. Any User Content you associate with the services or send to other users is accurate, complete, not false, and not misleading;
  4. The disclosure and use of the User Content to Jolie Tots will not cause harm to any other user or third party, or violate their rights, including any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
  5. The use by Jolie Tots of the User Content will not breach the security of Jolie Tots or its users by containing viruses, Trojan horses, worms, or other harmful or disruptive scripts, code, programs, or content;
  6. The disclosure and use of the User Content by Jolie Tots does not violate these Terms or other policies, or any applicable law, rule, or regulation;
  7. The User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent, or illegal content, including any racist, bigoted, hateful, or violent content;
  8. The disclosure and use of the User Content by Jolie Tots does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
  9. The disclosure and use of the User Content by Jolie Tots will not bring Jolie Tots into disrepute; and
  10. The User Content does not contain, promote, or enable illegal or unlawful activities.
3. Jolie Tots retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete, or edit User Content; however, Jolie Tots is not obliged to do so.
4. You agree that Jolie Tots may require you to remove, amend, or delete User Content and that you must comply with such a requirement within 1 day's written notice to you.
5. You acknowledge and agree that Jolie Tots does not control, take responsibility for, or assume any liability for, any content submitted by you, other users of the services, or any third parties. Jolie Tots is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. You agree to release Jolie Tots, its agents, officers, and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the services, may have copyright protection whether or not it is identified as being copyrighted.
User Accounts
1. To access and use some of the services provided by Jolie Tots, you may be required to register an account with us.
2. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. If you wish to amend your account details or delete your account, please refer to our Support page.
3. You agree that any content you provide to Jolie Tots may be made publicly accessible to third parties, including other users or visitors of the services. You acknowledge that Jolie Tots is not liable for the use or access of user content by third parties.
4. Jolie Tots reserves the right to screen and verify your identity or your business's identity (if applicable) at our sole discretion. You agree to submit to such screening and to provide Jolie Tots with complete, accurate, and current information confirming your identity and eligibility to use the services. This may include company records, copies of photo identification (such as a driver's licence or passport), or other identifying documentation, at your expense, upon request.
5. You understand that Jolie Tots may, at its absolute discretion, investigate, take legal action, or terminate your access to the services, account, subscription, or membership at any time, especially if it is determined that you have violated, or are suspected of violating, these terms.
Orders and Cancellations
1. You agree that any purchase of goods and services through our platform (Goods) is subject to these Terms.
2. An order for the purchase of Goods (Order) is accepted upon the latter of the following to occur: (a) you have submitted your Order; (b) you have paid the purchase price in full, including any taxes, duties, and shipping costs; and (c) we have issued an Order confirmation.
3. By placing an Order, you are making an offer to purchase those Goods for the price (including delivery, other charges, and taxes) specified at the time that you place your Order.
4. Jolie Tots reserves the right to: (a) accept or reject your Order or a part of your Order for any reason, including, without limitation, the unavailability of any items, limitations on quantities available for purchase, inaccuracies or errors in item descriptions or pricing, suspected fraud, or errors in your Order; (b) request identification from you, such as photo ID or other documentation for verification purposes before processing your order; (c) cancel an Order at any time, for any reason; or (d) limit the quantity or total value of goods available for purchase by each person or shipping address.
5. Where we exercise the rights above, we will notify you by email, suggest alternative items, remove an item from the Order, or provide a refund of the purchase price where applicable. Jolie Tots shall not be liable for any loss or damage arising from such actions.
6. Please note that you cannot cancel or amend an Order once it has been placed (except as required by Australian Consumer Law).
7. In the event that you are entitled to cancel an Order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Jolie Tots as a direct result of the cancellation (including, but not limited to, any loss of profits).
Goods
1. While we strive to represent the textures, colors, and overall appearance of our products as accurately as possible, product images may differ slightly from the actual items depending on your device's monitor, settings, and equipment. Unless specified otherwise, any additional products or accessories displayed in a product image are for styling purposes only and are not included in the listed price. Please ensure you read the product title and description carefully before making a purchase.
2. All orders are subject to availability. While we make every effort to ensure that items are in stock and available for delivery, there may be instances where certain products are unavailable.
3. If we are unable to fulfill your order, or part of it, we will notify you within a reasonable time frame after you place your order. Please note that we may need to cancel or adjust part of your order based on availability.
4. If your order is canceled or rejected, we will issue a full refund for any unavailable items. Alternatively, we may inform you of a delay in restocking and delivery. In such cases, you may choose to proceed with the delayed delivery, cancel your order, or select an alternative item. If you do not modify or cancel your order within two (2) business days of receiving the notification, you will be considered to have accepted the delay.
5. We reserve the right to limit the sale of products to reasonable quantities suitable for normal household use.
Recalls and Bans
1. If any products are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding the return or disposal of such products. You consent to us contacting you and agree to inform any end-user of the products, including any gift recipient, of any applicable recalls.
Pricing and Payment
1. We reserve the right to vary, amend, add, or remove payment methods, prices, or products offered on Jolie Tots from time to time at our discretion, without notice. Such changes will not affect orders submitted before the change was made.
2. Prices displayed on our website are shown in the currency selected on the Jolie Tots website and include GST, unless otherwise stated. Prices may not include shipping or delivery charges, which will be calculated during the checkout process.
3. Prices of products, delivery, and any other charges displayed on Jolie Tots are accurate at the time of publication but may change at any time, subject to availability.
4. You are responsible for any taxes, duties, or other charges imposed by any government authority, including but not limited to, goods and services tax (GST) or value-added tax (VAT) on products or services you purchase from Jolie Tots. Where applicable, you must pay such taxes or duties at the same time and in the same manner as your payment for the products.
5. Full payment is required at the time you place your order, including the purchase price, delivery fees, and any applicable duties or taxes. Payment will be processed at the completion of the checkout process. We do not accept orders that have not been fully paid.
6. Payment may be made using the methods specified or approved by Jolie Tots in writing.
7. You must not attempt to pay for an order using any fraudulent or illegal methods. If your payment cannot be processed or if we suspect it has been made using fraudulent or illegal means, we reserve the right to cancel the order.
Returns
1. Returns will be handled in accordance with our Returns Policy.
Delivery and Shipping
1. Shipping will be handled in accordance with our Shipping Information page.
2. Delivery of the Goods (Delivery) is considered to occur at the time that: (a) you, or your nominated carrier, takes possession of the Goods at the Jolie Tots address; or (b) Jolie Tots (or Jolie Tots' nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.
3. You must take delivery by receipt or collection of the Goods whenever they are offered for delivery. If you are unable to take delivery of the Goods as arranged, Jolie Tots reserves the right to charge a reasonable fee for redelivery and/or storage.
4. Any delivery date or time specified by us is an estimate only, and you agree to accept delivery of the Goods even if they are delivered on a different date or time. Jolie Tots will not be held liable for any loss or damage resulting from any delay in delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
Promotions, Discounts, and Final Sale
1. Promotions, discounts, and final sale items are subject to specific terms and conditions as provided by Jolie Tots from time to time.
2. Unless otherwise specified, promotional offers, including but not limited to store-wide discounts, final sale, bundle deals, and discount codes, cannot be combined with any other offer. For example, a $30 Off' coupon cannot be used in conjunction with a 30% Off' sale.
3. Final sale items are those marked with a discount of 50% or more. Final sale items are non-refundable for store credit or cash refund unless they are deemed faulty.
4. Jolie Tots reserves the right to: (a) terminate, modify, or extend any promotional offer at any time, without prior notice; or (b) cancel any order to which a promotional discount or code has been applied incorrectly or in violation of the terms and conditions of such discount or code.
Termination
1. Without prejudice to any other remedies, Jolie Tots may: (a) cancel all or any part of any order or suspend or terminate the supply of products to you with written notice if, at any time, you are in breach of any obligation (including those relating to payment) under these Terms; or (b) terminate these Terms and our services, at our absolute discretion, at any time and without notice to you. In such cases, we will either complete or cancel and refund any orders placed prior to the date of termination, at our discretion; or (c) suspend your access to our website.
2. If we cancel an order and you are not in breach of these Terms, we will issue a full refund of the purchase price for any products paid for but not supplied. To the maximum extent permitted by law, Jolie Tots will not be liable to you for any further loss or damage you suffer as a result of exercising our rights under this clause or these Terms.
Intellectual Property
1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork, including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such content, contained on or in our Services are owned by or licensed to Jolie Tots, and are protected by copyright, patent, trademark laws, and various other intellectual property rights.
2. You may access and use the information provided in our Services under a limited, revocable, non-sublicensable license for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution, or for any commercial enterprise, without the prior written consent of Jolie Tots.
3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to or assignment of any of Jolie Tots' intellectual property rights, whether by estoppel, implication, or otherwise. Jolie Tots reserves all rights not expressly granted in the Services.
4. Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable license, subject to these Terms. You agree that you will not: (a) Copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Jolie Tots IP or our Services, or cause or assist others to do so; (b) Challenge Jolie Tots' ownership of Jolie Tots IP; (c) Infringe Jolie Tots IP; or (d) Use or create any intellectual property that is similar to Jolie Tots IP.
Privacy
1. By using Jolie Tots, you consent to receive emails from us regarding our products and services, as well as any updates or information related to your orders.
Unauthorized Access and Malicious Materials
1. You must not attempt to gain unauthorized access to our website, the server on which our website is hosted, or any server, computer, or database connected to our website. You agree not to harm our website by hacking, phishing, or introducing viruses, trojans, or any other programs, scripts, or materials that may be malicious or technologically harmful to us, our website, or other users.
2. To the fullest extent permitted by law, we will not be liable for any losses or damages of any kind (including indirect or consequential losses, loss of profit, or goodwill) caused by any malicious or harmful programs, scripts, or technologies that may affect our website, system failures, or any other harmful materials that may infect your computer, device, programs, data, or other proprietary materials. You release us from any such liability.
Limitation of Liability
1. To the fullest extent permitted by law, neither Jolie Tots nor any of its employees, agents, affiliates, officers, directors, contractors, or any third-party suppliers of materials on the Website will be liable for any loss, damage, or injury of any kind (including negligence, death, injury, illness, or special, indirect, or consequential damages such as loss of profits, revenue, goodwill, opportunity, system availability, or data loss), whether arising in contract, tort, or otherwise, resulting from or related to: (a) any act, omission, negligence, or reliance on information, comments, or opinions obtained through or in connection with our Services; (b) any use of or access to the Services, including any unavailability of the Services at any time or for any duration; (c) any delay or failure in providing our Services; (d) any errors or omissions in the information provided through our Services; (e) any loss of data; (f) any goods or services supplied by Jolie Tots; or (g) these Terms or any breach thereof.
2. You acknowledge and agree that you are responsible for your own actions, omissions, and negligence. Any consequences resulting from your actions, omissions, or use of the Services will be your responsibility.
3. To the fullest extent permitted by law, Jolie Tots' liability under these Terms will be limited to one or more of the following: (a) replacing the Goods or providing equivalent goods or services; (b) repairing the Goods or Services; (c) reimbursing the cost of replacing the Goods or Services or acquiring equivalent goods or services, or providing a refund of the purchase price; or (d) covering the cost of repairing the Goods.
4. To the extent allowed by law, Jolie Tots expressly disclaims all warranties not expressly stated in the Services or required under Australian Consumer Law. Nothing in these Terms is intended to exclude any rights or remedies regarding goods or services under Australian Consumer Law that cannot be excluded, restricted, or modified.
5. This clause will survive the termination of these Terms.
Amendments and correction of errors
1. YJolie Tots reserves the right to amend these Terms from time to time as we see fit. Any amendments or changes to these Terms will take effect from the date they are published, except in relation to orders placed before the publication of any updated terms.
2. While we strive to notify you as soon as reasonably possible of any changes to our Terms via email or through a notice on our website, it is your responsibility to stay informed about any updates or amendments by checking this page, which contains the most current version of our Terms.
3. Jolie Tots reserves the right to correct any errors in our services, including pricing errors, and to adjust prices and product details at any time without prior notice to you.
General
1. Waiver: Any failure or delay by Jolie Tots in exercising a power or right (either wholly or partially) under these Terms does not operate as a waiver or prevent Jolie Tots from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost, or expense that may have been caused or contributed to by the failure, delay, waiver, or exercise of a power or right. This clause survives the termination of these Terms.
2. Force Majeure: If we are unable to perform, in whole or in part, any obligation under these Terms due to any fact, circumstance, or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform it. You agree that Jolie Tots will not be held liable for any delay or failure in the performance of any part of our services or delivery of goods.
3. Severability: If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives the termination of these Terms.
4. Relationship: These Terms do not create an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Jolie Tots and you or any other party unless expressly stated otherwise.
5. Entire Agreement: These Terms (and all other terms, conditions, and policies incorporated by these Terms) and any additional policies or terms you have agreed to through the use or access of our services constitute the entire agreement and supersede all prior written and oral agreements, representations, undertakings, and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives the termination of these Terms.
6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although our services may be accessed throughout Australia and overseas, we make no representations or warranties that our content, or the goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access our services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives the termination of these Terms.