Terms and Conditions
Thank you for visiting our Website.
Ownership and Operation
This Website is owned and operated by Escape to Paradise Pty Ltd (ABN 56618666710).
In return for permitting you to use any of the Escape to Paradise websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Escape to Paradise has is immediately null and void.
Conditions of Registration
If you are under 18, you must ask your parents or guardians before you:
- Email Escape to Paradise or post a website comment
- Request Escape to Paradise e-mail anything to you
- Send in any information to Escape to Paradise
- Purchase anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.
You acknowledge and agree that all content included on this website including, but not limited to, website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in Escape to Paradise or its content suppliers and is protected by Australian and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of Escape to Paradise.
Notification of Copyright Infringement
Escape to Paradise will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others.
You acknowledge and agree that trade marks included on this website shall remain at all times vested in, Escape to Paradise or any third party licensing use thereof to Escape to Paradise (as applicable). You further undertake not to use any such trade marks without the prior written consent of Escape to Paradise, Escape to Paradise Trademarks or Third Party Trademarks without the prior written consent of Escape to Paradise or such third parties as own the applicable trade mark. The Escape to Paradise logo is an official trade mark of Escape to Paradise and is the subject of extensive trade mark registration worldwide.
For further information on intellectual property matters contact us: Escape to Paradise at firstname.lastname@example.org
Content Supplied by Users
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Escape to Paradise uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Escape to Paradise anywhere in the world, in any medium, in perpetuity.
Amending the Terms And Conditions of Use
Escape to Paradise reserve the right to add to, amend, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions. By continuing to use this website after the publication of such changes, you are indicating your acceptance of those changes. Escape to Paradise may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.
The majority of the product images displayed on Escape to Paradise websites and in advertisements and catalogues have been created by our own photographers, the image may display the sample, the final released product may have slight differences in terms of colour or pattern.
Disclaimer: Whilst every effort is made to ensure product images and descriptions are correct when submitted on Escape to Paradise websites we will not be held responsible for any imperfections or variations of of the final product.
As part of the initial order confirmation process we will request Pre-Authorisation of payment from your card issuer, this will show as a pending transaction for the full value of the order, if stock is not available or is unable to be made to order and delivered to Escape to Paradise within 30 days the pending transaction will be voided releasing funds back into your available balance. When stock becomes available we will process a new transaction capturing relevant funds at that point. Please make sure you have adequate funds in your account around the stock due date.
Escape to Paradise reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
All orders placed through the Website are subject to Escape to Paradise acceptance. This means that Escape to Paradise may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Escape to Paradise will issue you a refund.
Escape to Paradise will endeavour to display availability as accurately as possible.
If we are unable to supply the goods requested we will aim to assist you in finding a suitable alternative upon which you are happy with, however Escape to Paradise will not be bound to offer alternatives to a greater value than the item originally chosen, and a difference will be required to be paid.
If you do not wish for an alternative product we will cancel any pending transaction immediately, please be aware that funds may take several days to reallocate in your account.
In the event that we do not receive all of an order from a supplier pre-orders will be fore filled in chronological order, we will contact any customers whom have missed out with either alternatives or refunds as mentioned above.
Pre-Order dates are provisional and although we do receive most stock on time we cannot be held responsible for any costs incurred for your time, or services you've paid for if there are delays or non supply of product.
In accordance with ACCC regulations you have 48 hours from the hour after you receive your order to cancel your order with us.
If you wish to do this we require notification in writing via email at email@example.com
Orders for personalised items and custom made to order items may not be cancelled if the personalisation/made to order process has been started, we therefore advise that you contact us very promptly after placing your order if you wish to cancel. If the personalisation/made to order process hasn't been started then there is no problem cancelling.
Escape to Paradise regret that once an order containing personalised items has been produced it cannot be changed or cancelled.
All personalised Items can not be returned unless deemed to have a genuine fault.
Parcels Lost in Transit
Whilst goods are in transit to you Escape to Paradise are responsible for ensuring delivery is at least attempted, and in the case you are unavailable to receive at the address you given to us we will supply sufficient assistance so you can locate and collect your order from the relevant delivery agent.
If you do not receive your parcel within the specified delivery time indicated on this website, please track your parcel using the information provided in the dispatch notification you received from us, if this doesn't assist with locating your parcel please contact us at firstname.lastname@example.org.
We ask that we be given sufficient time to investigate with our delivery agents before either replacing or refunding goods.
We will not keep you waiting unnecessarily as we find in most cases parcels are located after investigation and are then received quicker than sending a replacement.
For items wanting to be returned as unsuitable, too big or too small we will not refund the monetary value of the goods. If goods show signs of being unfit too be sold then we will offer a refund or exchange but this is at the discretion of Escape to Paradise.
We reserve the right to refuse a refund or exchange if the goods returned are deemed to be damaged or tampered with not in accordance with normal use. This does not affect your statutory rights.
The website may contain services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply.
Escape to Paradise will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Escape to Paradise and if Escape to Paradise is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and Escape to Paradise shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by Escape to Paradise of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Escape to Paradise and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
Escape to Paradise reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold Escape to Paradise, all of their associate companies, their directors, employees, information providers, licencor's and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Escape to Paradise as the case may be, in defence of any claim. Escape to Paradise reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Escape to Paradise.
Alterations We may amend this website and our services in any way and at any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our website or any of the products supplied to you, please contact Escape to Paradise by emailing email@example.com. Please allow 48hrs for us to respond to website comments and emails.
In situations where Escape to Paradise gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.
Website Use Restrictions
Limitation of Liability
To the fullest extent permitted by applicable laws, none of Escape to Paradise nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Escape to Paradise have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Escape to Paradise total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Australia whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside Australia do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Australian law.
Escape to Paradise shall not be liable for any failure to perform its obligations where such failure is a result of acts of Nature (including fire, flood, earthquake).