Thank you for visiting our website. This website is owned and operated by Happy Moves Dancewear (ACN 622 404 424). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (which is available on this website) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, ‘HMD’, ‘us’, ‘we’ and ‘our’ means Pretty Little Ballerinas Pty Ltd t/as “Happy Moves Dancewear”.
- Creating an Account
You may need to create for an online account to place orders for products on our website.
When you create your account, you will provide us with information such as your name, business or company name, email address, phone number, delivery address, and credit details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (which is available on this website).
Once your account has been activated, we will provide a user name (your email address) and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
- Collection Notice
We collect personal information about you for a variety of purposes, including to fulfil your orders, respond to your queries, provide after sale support, administer promotions and competitions, to provide direct marketing communications and for purposes otherwise set out in our Privacy Policy.
We may disclose that information to third parties that help us provide our products and services (including information technology suppliers, delivery service providers, credit reporting bodies, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and/or services to you. Some of these third party services providers are located outside of Australia, for example, we use data hosting and service providers located in the USA and UK.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact our Privacy Officer by post, phone or email:
HMD Privacy Officer
Happy Moves Dancewear
Email: [email protected]
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
- Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
- Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
- Pricing
All prices and charges on this website are in Australian dollars (AUD). All prices displayed are inclusive of GST.
We reserve the right to change our prices at any time. We will fulfil your order at the price listed at the time that you placed your order, unless there has been a genuine error, omission, out of date information or inaccuracy with respect to the relevant products on the website. If this occurs, we will promptly notify you of such errors and, if relevant, refuse the order.
Delivery charges will be charged in addition to the prices of the products purchased from us. The delivery charges will be specified during the checkout process and included in the total price of your order.
- Ordering
To place on order via the website, you must ensure that the information on your order is accurate. If we cannot contact you about your order, using the contact details provided by you in the order, we may cancel the order and refund any money paid by you.
We try to ensure that all of our product lists are current, but we do not warrant that all products listed on our website will be available at the time that you place your order. All orders placed are subject to availability and our confirmation of the order. We reserve the right to refuse any order placed with us.
When you order a product from our website, we will send you email confirmation of receipt of your order. This does not constitute acceptance of your order.
If you place consecutive orders with us separately, we will attempt to consolidate the orders where possible. If we are unable to consolidate the orders, separate delivery charges will be applied to each order.
Unless we notify you that we refuse your order or that the item(s) you have ordered are not available, our acceptance of your order and the formation of a contract between us occurs you are advised.
You may not amend or cancel your order, for any reason, at any time after your order has been placed (even if our acceptance or refusal of your order is pending).
If you place an order for a third party through our website, you agree to obtain the consent of the recipient with respect to the provision of their personal information to us.
Availability: We may withdraw or suspend from sale any product displayed on the website, at any time, either temporarily or permanently. We will not be liable to you or to any third party for any loss suffered as a result of the withdrawal or suspension from sale of any product from the website.
Risk and Title: All risk with respect to loss or damage for a product ordered via the website passes to you upon delivery to the delivery address. Title to the products passes to you when we have received payment for them.
Returns: If products are faulty or damaged when you receive them please email us at [email protected] and include the following information:
- the order number;
- clear photograph(s) of the product; and
- a description of the product and the fault or damage.
We will then let you know whether you need to return the item to us and the next steps to take. Please return items within 28 days of the date you receive them. We will also require satisfactory proof of purchase before providing a remedy.
Where an item is damaged through misuse or abnormal use, we will not provide a refund, exchange or repair.
- Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location. Publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
- Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. Without excluding, restricting or modifying any rights you may have under the Australian Consumer Law:
- you acknowledge that the website is provided ‘as is’ and we do not make any warranty or representation as to the suitability of the Parts for any purpose;
- images displayed on the website are for illustrative purposes and informational purposes only and the exact specifications may differ from photos; and
- we exclude all other implied terms and warranties, whether statutory or otherwise.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
- Liability
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.
- Changes to these Terms
We may update these Terms from time to time by publishing a new version on the website. If you have an order that has been accepted by us, the terms that will apply to your order are the Terms that applied at the time you placed your order.
You are responsible for reviewing these Terms regularly. Continued use of our website after any changes to the Terms take effect constitutes your acceptance of the changes.
- Jurisdiction and governing law
Your use of the website and these Terms are governed by the laws in force in the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of New South Wales.
Our website may be accessible from outside of Australia. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our website.
Last updated: May 2024