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Messy Playhouse 

Terms & Conditions

The Messy Playhouse website www.messyplayhouse.com.au (the “website”) is operated by Messy Playhouse, the terms “we”, “us” and “our” refer to Messy Playhouse (ABN: 21909708754). Your use of the website constitutes your agreement to these Terms and Conditions. Messy Playhouse reserves the right to amend the Terms and Conditions at any time without notice to you, and your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the terms and conditions, as so amended.

  1. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

  2. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

  3. All goods and services supplied by us are supplied on these terms and conditions.

  4. No order shall be binding on us until accepted by us. We reserve the right to accept any order in whole or in part. Where we make a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by us unless approved.

  5. All credit orders that are supplied on invoice and accepted by us are subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all goods and services supplied is required before delivery. Where credit has been granted, payment for all goods and services is to be made on or before 14 days from the date of invoice, unless otherwise approved by Messy Playhouse. Payment must be made in full. Messy Playhouse will investigate any disputed amounts, and if resolved in favour of the Customer will issue a credit for that amount. The Customer agrees to pay interest at the rate being 2% higher than the rate set by the Penalty Interest Rates Act on all amounts outstanding from time to time and the Customer shall be liable for all legal costs and expenses incurred by us in pursuing overdue accounts.

  6. Until the full purchase price of all goods supplied and all moneys otherwise owing have been paid to us, we retain full title and ownership in all goods supplied to the Customer.

    1. The parties acknowledge that the Personal Property Securities Act 2009 (Cth) (“PPSA”) applies to these Terms and terms used in this clause that are defined in the PPSA have the same meaning as in the PPSA. For the purposes of the PPSA:

      1. these Terms are a security agreement and we have a Purchase Money Security Interest in all present and future goods supplied by us to the Customer and the proceeds of such goods;

      2. The security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at any particular time; and

      3. the Customer must do whatever is necessary in order to give a valid security interest over the goods and their proceeds which is able to be registered by us on the Personal Property Securities Register.

    2. The security interest arising under this clause attaches to the goods when the goods are collected or dispatched from our premises and not at any later time.

  7. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

  8. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display or printed representation of any colour will be accurate.

  9. Prices for all our goods and services are subject to change without notice.

  10. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

  11. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  12. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  13. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  14. Your submission of personal information through the store is governed by our Privacy Policy.

  15. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  16. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

  17. In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

  18. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

  19. Messy Playhouse does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Messy Playhouse will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Messy Playhouse it shall be limited to the cost of re-supplying that information.

  20. You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

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