About the Website
- Welcome to www.wingsoverillawarra.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
- The Website is operated by Bright Events Pty Ltd (ABN: 60 501 659 522). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Bright Events.
- The use of the Website is governed by the policies, terms and conditions below. Please read them carefully. Your use of the Website indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions.
- Bright Events reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
Purchase of Products
- In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
- Following payment of the Purchase Price being confirmed by Bright Events, you will be issued with a receipt to confirm that the payment has been received and Bright Events may record your purchase details for future use.
- Prices are subject to change without notice. All credit cards are charged in Australian Dollars.
Returns Policy and Warranty
- Bright Events only sell new products that are of high quality and endeavour to ensure all products are shipped free from defects, but should there be a problem with your purchase when you receive it, please contact Bright Events at PO Box 1082, Albion Park Rail, NSW 2527, Australia or by email at firstname.lastname@example.org and we will organise to have the item replaced for you at no additional cost.
- Bright Events Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
- You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 21 days from the date of purchase (the ‘Warranty Period’).
- In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Bright Events showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Bright Events at PO Box 1082, Albion Park Rail, NSW 2527, Australia or by email at email@example.com
- Where the Warranty Claim is accepted then Bright Events will replace any defective Products during the Warranty Period at no additional charge to you.
- The Warranty shall be the sole and exclusive warranty granted by Bright Events and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
- All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
- The Warranty does not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
Delivery and Shipping
- Delivery within Australia is via standard Australia Post. Your order will be dispatched as soon as possible, usually within 1 – 2 business days. Please allow 3-10 working days for delivery of your order.
- Please ensure you enter the correct delivery address. Bright Events cannot be held responsible for incorrectly entered delivery addresses.
- Bright Events cannot be held responsible for delays in postage, or the loss of items in transit. However, we will endeavour to resolve any transit issues as quickly as possible.
Copyright and Intellectual Property
- The Website, the Purchase Services and all of the related products of Bright Events are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Bright Events or its contributors.
- Bright Events retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Bright Events; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Bright Events and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Bright Events does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Bright Events will make every effort to ensure a Product is accurately depicted on the Website, however, sizes, colours and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Bright Events will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Bright Events, is at your own risk. Everything on Website, the Purchase Services, and the Products of Bright Events, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Bright Events make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Bright Events) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products;
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
- Bright Events total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Bright Events is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Bright Events, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Bright Events is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Bright Events, by third parties or by any of the Purchase Services offered by Bright Events.
- You acknowledge that Bright Events does not provide the Delivery Services to you and you agree that Bright Events will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
- You agree to indemnify Bright Events, its affiliates, employees, agents, contributors, third party content providers and licensors from and against any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms.
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.