2. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website.
3. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Cabana Beach Towels . No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written consent of Cabana Beach Towels or of the relevant trade mark owner. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
4. Any trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
5. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
6. This website may also, from time to time, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
7. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
8. Cabana Beach Towels cannot guarantee any data or program available for download on this website (or any website linked to it) is free of viruses, malware or other spyware. You agree that you assume all risk of any damage to your computer as a result of using this website.
9. We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
11. Cabana Beach Towels provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Cabana Beach Towels will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
12. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
18. You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You agree that you will promptly notify Cabana Beach Towels if there is any change to this information or data.
19. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.
20. You place an order with Cabana Beach Towels by selecting products and pressing the "checkout" button on the checkout page. Cabana Beach Towels reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Cabana Beach Towels at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Cabana Beach Towels upon Cabana Beach Towels acknowledging such order or failing to reject such order within 14 days.
21.Cabana Beach Towels uses its best endeavours to ensure products displayed for sale on our website and ordered are available for delivery. If a a product is unavailable, we will usually notify you prior to you completing your order. However, you acknowledge that in some cases this is not possible and Cabana Beach Towels may need to reject an order you have placed for a product where Cabana Beach Towels establishes that it is actually unavailable for delivery. In such cases Cabana Beach Towels will refund in full all amounts you paid in respect of such unavailable product.
22. Cabana Beach Towels cannot provide rainchecks for products ordered online, and as far as it is permitted by law, reserves the right to limit the sale of products to reasonable or normal household quantities.
24. We may vary the prices for goods and/or services on this website at any time, and prices are subject to change until such time as you have paid for the products in full.
22. We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however we cannot guarantee that our systems and stored data will be completely free from third party interception or are free from corruption.
23. Certain parts of the Websites (such as those parts that require you to provide us with your credit card number) provides the ability for you to transmit information to our Websites in an encrypted form by using secure socket layer technology (SSL). However, other parts of the Websites are not protected by any form of encryption to protect information you send from your computer to us over the Internet. Further, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In light of this, we cannot ensure or warrant, and do not warrant, the security or privacy of your personal information, including payment and account details. You transmit this information at your own risk. If you have any questions regarding security you can contact us at firstname.lastname@example.org
24. If you use our Websites to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites.
Return claims (including for replacement products, refunds or credits) are detailed in Cabana Beach Towels's Returns Policy below. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
1. We want you to be delighted with your purchase. Accordingly, our return policy is in addition to the rights you have under Consumer Law. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.
2. We want you looking your best, so it is not a problem if you would like to exchange a purchased item for a different size or style, as long as the item is in a resellable condition
3. If you wish to return an item because you have changed your mind about your purchase, Cabana Beach Towels will offer you an exchange voucher or refund provided that:
3.1 You return the item within 30 days of purchase;
3.2 You produce your proof of purchase at the time you return the item;
3.3 The item is in resaleable condition including that:
(a) It is in its original packaging, including, where applicable, all accessories;
(b) It is unworn, unopened, unused and in its original condition; and
4. If these requirements are not satisfied Cabana Beach Towels reserves the right not to offer an exchange voucher or refund for change of mind returns.
5. We ensure strict quality controls however if you receive an item that is faulty, we apologise. We will refund or replace your item free of charge, as long as the towel or other product hasn’t been misused and the care instructions have been followed.
6. Cabana Beach Towels will accept product returns and provide you with an exchange voucher, refund or repair where:
6.1 The product is faulty or is not of acceptable quality, or
6.2 The product is not fit for its intended purpose, or
6.3 The product does not match our description; and
6.4 You can present adequate proof of purchase.
7. Cabana Beach Towels reserves the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.
8. Please note:
8.1 Your original receipt emailed to you at the time of purchase is the best form of proof of purchase
8.2 Refunds will be issued using your original payment method,
8.3 Gift cards are not redeemable for cash