Terms and Conditions

Last updated: 02/07/2012
 
Welcome to St Barts Trading. We provide these website features to you subject to the following conditions. If you visit or shop at www.st-barts.com.au, you accept these conditions. Please read them carefully. In addition, when you use any current or future St Barts Trading products etc, you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
 
PRIVACY
Please review our Privacy Notice, which also governs your visit to www.st-barts.com.au, to understand our practices.
 
ELECTRONIC COMMUNICATIONS
When you visit www.st-barts.com.au or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 
COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gaterise Pty Ltd T/A St Barts Trading - 87 010 877 246 ("Gaterise Pty Ltd T/A St Barts Trading") or its content suppliers and protected by Australian and International copyright laws. The compilation of all content on this website is the exclusive property of Gaterise Pty Ltd T/A St Barts Trading and protected by Australian and International copyright laws. All software used on this website is the property of Gaterise Pty Ltd T/A St Barts Trading or its software suppliers and protected by Australian and International copyright laws.
 
TRADEMARKS
www.st-barts.com.au graphics, logos, page headers, button icons, scripts, and service names are trademarks of Gaterise Pty Ltd T/A St Barts Trading in Australia and/or other countries. Gaterise Pty Ltd T/A St Barts Trading's trademarks and may not be used in connection with any product or service that is not Gaterise Pty Ltd T/A St Barts Trading's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gaterise Pty Ltd T/A St Barts Trading. All other trademarks not owned by Gaterise Pty Ltd T/A St Barts Trading that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gaterise Pty Ltd T/A St Barts Trading.
 
LICENSE AND WEBSITE ACCESS
Gaterise Pty Ltd T/A St Barts Trading grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gaterise Pty Ltd T/A St Barts Trading. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gaterise Pty Ltd T/A St Barts Trading. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gaterise Pty Ltd T/A St Barts Trading without express written consent. You may not use any meta tags or any other "hidden text" utilising Gaterise Pty Ltd T/A St Barts Trading's name or trademarks without the express written consent of Gaterise Pty Ltd T/A St Barts Trading. Any unauthorised use terminates the permission or license granted by Gaterise Pty Ltd T/A St Barts Trading. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of www.st-barts.com.au so long as the link does not portray Gaterise Pty Ltd T/A St Barts Trading, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gaterise Pty Ltd T/A St Barts Trading logo or other proprietary graphic or trademark as part of the link without express written permission.
 
YOUR ACCOUNT
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gaterise Pty Ltd T/A St Barts Trading does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use www.st-barts.com.au only with involvement of a parent or guardian. Gaterise Pty Ltd T/A St Barts Trading reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
 
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of other content. Gaterise Pty Ltd T/A St Barts Trading reserves the right (but not the obligation) to remove or edit such content.
 
If you do post content or submit material, and unless we indicate otherwise, you grant Gaterise Pty Ltd T/A St Barts Trading a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gaterise Pty Ltd T/A St Barts Trading and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gaterise Pty Ltd T/A St Barts Trading for all claims resulting from content you supply. Gaterise Pty Ltd T/A St Barts Trading has the right but not the obligation to monitor and edit or remove any activity or content. Gaterise Pty Ltd T/A St Barts Trading takes no responsibility and assumes no liability for any content posted by you or any third party.
 
COPYRIGHT COMPLAINTS
Gaterise Pty Ltd T/A St Barts Trading respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
 
RISK OF LOSS
All items purchased from Gaterise Pty Ltd T/A St Barts Trading are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
 
RETURNS, REFUNDS AND TITLE
St Barts Trading does not take title to returned items until the item arrives at our distribution centre. Only faulty or damaged goods may be returned and are subject to authorisation at St Barts Trading's discretion. All products must be checked for breakages due to freight immediately on delivery and advised to St Barts Trading within 24 hours. This refund policy does not apply to goods which have been used, damaged after delivery, if any attempt has been made to alter the product or if items have been dropped or broken.
 
All products must be returned in their original condition. Order cancellations made 24 hours after receipt of payment will incur a 20% handling fee. Please note that all St Barts products are handmade and as such there may be slight variations in colour, shape, texture, grain or otherwise. This is considered a unique feature of each individual piece and items cannot be returned for this reason.
 
SHIPPING
Our Delivery time for Australian destinations is between 5-10 working days depending exactly where your destination is and what your requirements are. If there are any unexpected delays we will advise you as we are aware and keep you updated with the status of the order.
 
PRODUCT DESCRIPTIONS
Gaterise Pty Ltd T/A St Barts Trading attempts to be as accurate as possible. However, Gaterise Pty Ltd T/A St Barts Trading does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Gaterise Pty Ltd T/A St Barts Trading itself is not as described, your sole remedy is to return it in an unused condition.
 
PRICING
Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, or estimated in accordance with standard industry practice. With respect to items sold by Gaterise Pty Ltd T/A St Barts Trading, we do NOT charge your credit card until after your order has entered our system to begin the shipping process. Please note that this policy applies only to products sold and shipped by Gaterise Pty Ltd T/A St Barts Trading.
 
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this website are provided by Gaterise Pty Ltd T/A St Barts Trading on an "as is" and "as available" basis, unless otherwise specified in writing. Gaterise Pty Ltd T/A St Barts Trading makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products (including software) or services included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of this website is at your sole risk.
 
To the full extent permissible by applicable law, Gaterise Pty Ltd T/A St Barts Trading disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gaterise Pty Ltd T/A St Barts Trading does not warrant that this website; information, content, materials, products (including software) or services included on or otherwise made available to you through this website; their servers; or electronic communications sent from Gaterise Pty Ltd T/A St Barts Trading are free of viruses or other harmful components. Gaterise Pty Ltd T/A St Barts Trading will not be liable for any damages of any kind arising from the use of this website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
 
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
 
DISPUTES
Any dispute or claim relating in any way to your visit to www.st-barts.com.au or to products or services sold or distributed by Gaterise Pty Ltd T/A St Barts Trading or through www.st-barts.com.au will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
 
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
 
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
 
APPLICABLE LAW
By visiting www.st-barts.com.au, you agree that the Federal Arbitration Act and relevant State Laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gaterise Pty Ltd T/A St Barts Trading.
 
WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this website. These policies also govern your visit to www.st-barts.com.au. We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
 
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gaterise Pty Ltd T/A St Barts Trading Pty Ltd the written information specified below. Please note that this procedure is exclusively for notifying Gaterise Pty Ltd T/A St Barts Trading that your copyrighted material has been infringed. • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the website. • Your address, telephone number, and email address; • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.