1. CONTRACT AND INFORMATION ON THE ORDERING PROCESS

1.1 The parties to this contract: These Terms of Sale (“Terms of Sale”) are an agreement between you, the customer (referred to herein as “you” or “your”) and BRICKS MY HEART VARIETY STORE (referred to herein as “Bricksmyheart”, “we”, “us” or “our”), ABN : 61 556 035 156 .

1.2 The Website: Bricksmyheart Variety Store is the operator and owner of the website (www.bricksmyheart.com.au). When you interact with this website in any way, such as creating an account or contacting customer service, you agree to Bricksmyheart ’s Terms of Use and Privacy Policy. These are contracts between Bricksmyheart and you.

1.3 These Terms of Sale apply: By placing an order with Bricksmyheart you agree to be bound by these Terms of Sale

1.4 Your offer: Your click of the “Buy Now” button is an offer to buy the products sold by Bricksmyheart (the “Goods”). Your offer is not accepted, and our contract with you is not complete, until we email you confirming your order. Please note that we reserve the right to reject your offer and not conclude a contract with you, in particular, in case of limited availability of the Goods.

1.5 A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) –and we advise you to print out these Terms of Sale as a record.

Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights relate to faulty or misdescribed goods or your ability to cancel the contract.

1.6 Updates to these Terms of Sale: We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.

2. PRICING AND PURCHASE

2.1 Pricing and whom you pay: The Goods are sold by Bricksmyheart. Bricksmyheart will take and process your payment for your order. All prices on the website for Goods are inclusive of legally applicable GST. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.

2.2 Delivery charges: The prices for the Goods may or may not include delivery charges. Any such charges will be stated in the “Fine Print” section of the deal. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.

2.3 Placing your order: After you place an order by clicking the “Buy Now” button and agreeing to these Terms of Sale, you will receive an email confirming receipt of your order and the details of your order. You will receive another email confirming dispatch of the Goods.

2.4 Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).

2.5 Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods:

2.5.1 If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or

2.5.2 If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.

3. CHANGES TO ORDER

3.1 Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact any rights to return you may have for the purchase.

4. DELIVERY OF GOODS

4.1 Shipping: Bricksmyheart Goods shipping options and fees will be set forth in the Fine Print and will vary by offer. Your purchase is eligible for shipment outside Australia.

4.2 Delivery estimates: Delivery estimates are provided in the fine print of the offer. We take reasonable steps to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

5. OUR CANCELLATION RIGHTS

5.1 We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.

7. RETURNS AND REFUNDS 

Our goods come with guarantees that cannot be excluded under the Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8. GOODS INFORMATION

8.1 We aren’t the manufacturer: We are not the manufacturer of the Goods sold on the website. While we work to ensure that the Goods match the description on the website, are of satisfactory quality and are fit for use, the Goods sold on the website may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions which accompany the Goods before use.

8.2 Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the actual colours and detailing you see on the website will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.

9. LIABILITY

9.1 The standards we operate under: Bricksmyheart always tries its best at what it does and promises that:

9.1.1 we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;

9.1.2 we have the right to sell Goods;

9.1.3 we only sell the Goods for domestic and private use;

9.1.4 Goods are of satisfactory quality and fit for their purpose, and

9.1.5 We will not contravene the requirements of professional diligence in what we do.

9.2 This Clause 9 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability.

9.3 What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by Bricksmyheart, excluding serious misconduct not conducted by Bricksmyheart itself; or (v) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.

9.4 Categories of loss that we are not responsible for: Notwithstanding Clause 9.3, since we only sell Goods for domestic and private use, we are shall not be liable for:

9.4.1 loss of revenue;

9.4.2 loss of actual or anticipated profits;

9.4.3 loss of business; and

9.4.4 indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).

9.5 “Liability”means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).

10. GENERAL

10.1 Interpretation: In these Terms of Sale:

10.1.1 words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

10.1.2 Clause headings such as (“10. GENERAL” at the start of this Clause) and Clause titles (such as “Interpretation:” at the start of this Clause 10.1.2) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and

10.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

10.2 No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

10.3 Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

10.4 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Goods, if possible.

10.5 Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.

10.6 No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.

10.7 Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

10.8 No Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Bricksmyheart, its subsidiaries, any holding companies of Bricksmyheart, 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 of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.

10.9 Survival: In any event, the provisions of Clauses 1, 2, 6, 6, 8, 9, 10 and 11 of these Terms of Sale, together with those provisions 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 termination, shall survive termination of the Agreement.

10.10 Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.

10.11 Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with New South Wales law and both parties hereby submit to the exclusive jurisdiction of the competent courts of New South Wales.