Product Terms & Conditions

This website (Site) is operated by Stacey Jenine Mckenzie [trading as Postbump] (ABN: 25 542 346 815) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products, including ebooks, books, online courses, through the Site. 

DISCLAIMER

You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.
 
You agree that the Materials may not remain up to date and we are under no obligation to inform you of any changes in our Materials or if we release updated versions of our Materials. 

USE OF THE SITE

You accept these Terms by placing an order via the Site. 
You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old. 
When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

anything that would constitute a breach of an individual’s privacy or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
interfering with any user of the Site;
tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
using the Site to send unsolicited electronic messages; 
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.

ACCOUNTS

PRICE & PAYMENTS

Stacey Jenine McKenzie trading as Postbump
ABN 25 542 346 815 
Email: hello@postbump.com.au
Last update: 23 June 2022
© LegalVision ILP Pty Ltd 

For any questions and notices, please contact us at:

INTRODUCTION

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You must create an account in order to purchase products from us.
You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

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You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number and description of what was ordered.
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
If our product is being sent to you in a digital format, a link to the product will be sent to you through a third-party site or email once you have made payment in full. If you have not received your product within 24 hours, please email us at the address at the end of these Terms.
We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. If for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

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ORDERS

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You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are exclusive of Australian GST (where applicable).
You must pay the Price upfront using one of the methods set out on the Site.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
We may from time to time issue promotional discount codes for certain products on the Site.
To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

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DELIVERY, TITLE & RISK

If possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. 
Delivery costs are set out on the Site and are to be paid in addition to the Price.
Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 

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This clause applause where you have purchased physical products

returns

Change of mind returns

We offer refunds of products for change of mind where we determine (at our absolute discretion):

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you have provided the proof of purchase and you purchased the products within 7 days prior to the request for a refund;
the products are in their original condition and have not been damaged; and
the products are not sale items, custom-made, special buy products or gift vouchers.

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We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
You may have rights under the Australian Consumer Law (see below) in addition to this clause.

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AUSTRALIAN CONSUMER LAW

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

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LIMITATIONS

You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
Despite anything to the contrary, to the maximum extent permitted by law:

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our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

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Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

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Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

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loss of, or damage to, the products, or any injury or loss to any person;
failure or delay in providing the products; or 
breach of the Terms or any law,
where caused or contributed to by any: 
event or circumstance beyond our reasonable control; or
act or omission of you or your related parties. 

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GENERAL

Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Northern Territory. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Northern Territory and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

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