|Last updated 16 April 2010
In order to use our website and to purchase any items on this website, you must read and agree to these Terms & Conditions.
Please note that by accessing, using or browsing this Site you agree to be bound by these terms and conditions. By using the Site, you acknowledge that you have read and understood these Terms and Conditions.
We may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use.
Any liability of ours in connection with the use of this Site or any goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Binny be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
The information contained on the Site is provided by us in good faith on the basis of information supplied to us by third parties. To the best of our knowledge, the information is accurate and current but we do not make any independent representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. We makes no warranty that this Site, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Binny does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Binny is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that we will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
You agree to waive any and all claims that you now have or may have in the future against us which relate to or are incidental to the use of this Site or any transaction.
You agree to indemnify and hold us harmless from and against any and all claims, loss or expense that may be incurred by us which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold usn harmless from any claim made by any third party due to or arising out of your use of this Site, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this Site using your account, of any intellectual property or other right of any person or entity.
Binny will not monitor or review statements made by persons other than Binny ("Third Parties") on this Site. Third Parties may post statements or information relating to items offered for sale by Third Parties on some portion of this Site, from time to time ("Third Party Posted Material"). Binny makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Binny expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Binny is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Binny has been expressly advised of the possibility of such loss or damages.
All reasonable care is taken to ensure that this Site and data transmissions from Binny are free from viruses. However, it is your responsibility to scan any such data for viruses.
Copyright in this Site is property of Binny. Material on this Site also comprises copyright material, trademarks and registered trademarks which are the property of Binny and third parties. This property may only be used for the purposes of browsing the Site and acquiring goods and services of Binny.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia and courts which may hear appeals from those courts.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Binny or its users.
Use of this Website
You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please notify us immediately.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final
Prices of goods and services, postage and handling fee, and other charges displayed on this Site are current at the time of display. These prices are subject to variation without notice.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free as we rely on the information provided to us by third parties.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received and Binny is satisfied that the order is bona fide.
Without limiting the operation of any other Terms and Conditions herein, Binny is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We accept your offer when we receive your payment..
Cancellation by Us
We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately. Our agreement with you only comes into existence once your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Goods Damaged or Faulty on Delivery
Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.
In the event that you receive a defective or damaged product, we will refund the original product price, postage and handling fee, gift wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.
Please note that all products that are found to be non-defective will incur the postage and handling fee of returning the item to Binny.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address.
If we provide you with an estimated date for delivery of all parcels we will make all reasonable efforts to deliver by this time but all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver products by the estimated delivery date but our estimated delivery dates are based on the information which they provide to us. Unfortunately, we are unable give a guaranteed time of delivery.
It is the responsibility of the customer to inform Binny if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
In this Site:
"Binny" means Binny Pty Ltd and, where applicable, includes its directors, agents, and employees.
"Other Website" means websites of persons or entities other than Binny which are linked to and from Your Information" means any information from which your identity is apparent or can be reasonably be ascertained.
"Site" means the whole or any part of the web pages located at www.littlestepsonline.com.au (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.)
"We" and "us" refer to Binny, and "our" has the same meaning.
"Third Parties" means persons or entities represented on the Site other than Binny.
"Third Party Posted Material" means posted statements, information relating to items or items offered for sale by third parties on some portions of this site