Hunnybee Pty Ltd (ABN [65 691 246 136]) (“Hunnybee”, "we", "our", "us") owns and operates the hunnybee.net.au website (“Site”). Hunnybee is an Australian registered, owned and operated company.
1. Access and use of the site
You must only use the Site in accordance with these Terms and any applicable law.
To place Orders you must be at least the required legal age in your place of residence to purchase the product/s available on our Site. If we discover you are not the required legal age in your place of residence we reserve the right to cancel your Order.
We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
in a way that is illegal or unfair.
2. Information on this site
The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Hunnybee.
You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
3. Order and formation of Contract
Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges. Unless otherwise stated all charges are in Australian dollars.
You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
we suspect that you might on-sell our products to other consumers; if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
if there has been an error in the imagery, price or product description on the Site;
if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.
We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.
We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us.
By default, you provide authority to leave items at the address specified in your Order.
Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
5.1. We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made in accordance with our Refunds Policy.
6. Disclaimer and Liability
This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:
the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or
otherwise in relation to these Terms or the entering into or performance of these Terms.
Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for:
death or personal injury caused by our breach of any obligation arising from: the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty) (“Breach of Duty”);
any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
any other liability which cannot be excluded or limited by applicable law.
In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
Subject to clause 6.3:
To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
We exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.
We do not accept and hereby exclude any liability for Breach of Duty other than any such liability arising pursuant to the provisions of these Terms.
Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute
These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms.
We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person. We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
All provisions of these Terms apply equally to and are for the benefit of Hunnybee, its subsidiaries, any holding companies of Hunnybee, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales. These Terms were last updated on [20th] October 2022