TERMS AND CONDITIONS FOR THE YABBA DABBA DOO FAIR PTY LTD. WEBSITE;

Welcome to the yabbadabbadoofair.com.au website. The following are our terms and conditions governing the use of yabbadabbadoofair.com.au (on this page, our website/business will be referred to as the 'Site'). Please read through carefully before using this Site. By using the Site, you agree to the Terms and Conditions. These Terms and Conditions apply to all Site users unless the Terms and Conditions specify otherwise.

INTRODUCTION

Yabba Dabba Doo Fair Pty Ltd. (ABN 82 671 116 724), operating under the name 'YDDF', owns and operates www.yabbadabbadoofair.com.au, a website powered by Squarespace (Aust) Pty Ltd. Our head office is located in Lucaston, Tasmania (7109).

Our website offers a variety of products that different Vendors sell. It is important to note that when you place an order for a Product on our website, you are placing an order with the Vendor, not YDDF. We act as an agent of the Vendor and facilitate the purchase of Products on their behalf, including taking orders and collecting payment.

Please note that the Vendor will not consider any order as accepted until we (acting on behalf of the Vendor) send an email acknowledging the order. The agreement between you and the Vendor will apply only to the goods and/or services specified in the email order confirmation.

It is important to note that if you are under 18 years of age, you will not be able to purchase any items from this website. We only do business with individuals who are legally capable of entering into a binding contract. If you cannot purchase on your own, please ask a caregiver over 18 years old to do so on your behalf. By using our website, you agree to these terms. If you cannot access it, you can only leave our website and discontinue using our services.

DEFINITIONS

When we talk about Content, we refer to any text, image, sound, video, or animation you come across while using Our Website. This also includes any content that you may have posted. Our Website refers to any website we own and control, including all its web pages. We offer products for sale on Our Website, such as physical goods or downloads. Services are any features or functionalities we provide through Our Website, whether free or paid. We act as an Agent on behalf of the Vendor. When we say YDDF/shop, we refer to our business, which can be accessed through www.yabbaddabbadoofair.com.au/shop. Posting means uploading or placing any Content or material on Our Website using any means. Lastly, a Seller is someone who offers a Product for sale on Our Website.

TERMS FOR SELLERS

As a seller of goods using yabbadabbadoofair.com.au/shop, you should be aware of the terms and conditions applicable to you. These terms and conditions constitute a contract between you and YDDF Online Store Pty Ltd, and you are bound by them if you visit or use the website.

If you wish to participate as a seller on the YDDF Shop website, you must adhere to the following terms and conditions:

Only exhibitors with future stand bookings at any YDDF Expo will be featured on the Shop. If you do not have a future booking in place, your listing will be removed from the Shop 30 days after your last Fair booking.

Payments for your participation at the YDD Fair must be made in accordance with the payment schedule on your booking form. Failure to comply can result in YDDF removing your listing from the site until the outstanding amount is paid.

If you increase your calendar year Fair spend, which results in a reduction in your Shop commission rate, the reduced rate will apply from when payment for the new booking is made following the payment schedule. If you decrease your calendar year Fair spend, which increases your Shop commission rate, the reduced rate will apply from the time that you receive an amended booking form.

You may only list items for which you have the sole distribution rights, and you must not promote any third-party brand or product on the YDDF shop.

To remain in the Shop, you must adhere to all booking terms and conditions as per the link on your Expo booking form.

OUR CONTRACT

We want to make it clear that we do not work for our vendors, but rather act as agents for the sellers. Our website serves as a platform for sellers to offer their products for sale. Our primary responsibility is to facilitate the purchase process for you, the buyer. If there are any issues with your purchase, including refunds or complaints, YDDF/shop will be responsible for all payments and processing of refunds for transactions that take place on our platform.

We value your feedback and encourage you to share any comments or complaints about a seller through our website. You can do so by communicating with our management team in writing at hello@yabbadabbadoofair.com.au. We may act upon a complaint privately for the benefit of the YDDF vendor.

We, as the seller, are responsible for ensuring that the products you order are delivered to you in a timely manner. If you decide to return a product within the specified return policy, we are also responsible for the repayment process.

By using our website, you agree to be bound by all our terms and conditions, which regulate the business relationship between you and YDDF.

Please note that this agreement is subject to change at any time, and the version applicable to your contract is the one posted on our website at the time of the contract.

If a vendor accepts your order to purchase a product, an agreement is formed directly between you and the vendor, and YDDF is not a party to the sales agreement. If such an agreement is formed, the terms outlined by the vendor regarding the purchase apply to your contract with them.

PERSONAL INFORMATION/PURCHASERS ACCOUNT

When you visit our website, you are responsible for anyone accessing our website under your account or password. It is important to take the necessary steps to keep your password confidential. If you suspect that someone else knows your password or is using it without authorization, please inform us immediately.

It is your responsibility to provide accurate, up-to-date and complete information about yourself. Any errors made due to inaccurate information will not be our responsibility.

If there are any changes to your information, please notify us immediately. Failure to do so may result in the closure of your account.

PAYMENT PROCESS

We prioritize your safety while using Our website.

To handle card payments, we use one or more online payment service providers that encrypt your card or bank account details on secure pages not controlled by us.

If you have requested us to remember your credit card details, we will store them securely on our systems. These details will be fully encrypted and used only for processing your automatic monthly payments or other transactions that you have authorized.

HOW TO BUY A PRODUCT

Please find below a clearer version of the text with corrected spelling, grammar and punctuation errors:

YDDF/Shop is responsible for organising your order to buy a Product.

The prices listed on Our Website by Sellers include any applicable sales tax.

Products may be offered for sale subject to discounts or promotions.

Subject to discounts and promotions, Products are sold at a fixed price. GST may be added to the price or shown separately. If not shown, it will not be charged.

All Products will be subject to a delivery charge, which will be calculated at the payment point. The delivery charge will be fixed for each Product offered for sale. Once you have bought an item, the delivery charge offered to you cannot be increased.

You are required to pay in the currency in which the Product is listed for sale on Our Website, in this case, Australian Dollars.

For security purposes (yours and ours), we will not permit more than a maximum number of transactions with you in a given period.

To make future use of YDDF's website, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information will never be in our control. The information is given on a page which is, in reality, a page of our payment service provider. For detailed information about the disclosure of personal information, please read our complete information here on this page.

RETURN POLICY

Please take note of the following provisions that shall apply in case you return any Product for any reason:

YDDF/Shop will only accept returns if the Product is found to have a defect at the time of purchase or if the Seller has agreed in writing that you may return it.

Before returning a Product to the Seller, kindly review the instructions carefully and ensure that you have assembled it properly and complied with all provisions.

If a defect is discovered, the Products must be returned to the Seller promptly but not later than 10 working days.

PRODUCTS MUST BE RETURNED WITH

Please make sure to return the product and all of its packaging in their original condition. The product should be securely wrapped and include the seller's delivery slip. Please note that the return process is at your own risk and cost. To ensure a smooth returns process, please read and follow the returns procedure on the seller's website or in their terms and conditions, if provided. If you fail to follow the procedure, the seller may not be able to identify you as the sender of the product.

If the seller agrees that the product is faulty, they will either refund the cost of return carriage or repair/replace the product at their discretion.

CANCELLATION OF ORDERS

Vendors can cancel an order for suspected fraud or breach of terms.

Errors happen. The Vendor may cancel an accepted order in such cases.

A Product may become unavailable due to supply issues or high demand. If your order is delayed, the Vendor will email you to explain why. You may cancel your order before shipping.

You may also cancel an order if the Vendor breaches these terms.

DELIVERY

Vendor ships product within 2 business days of order receipt unless otherwise noted. Delivery times on the website are estimates based on shipping company info.

Product delivery = address provided. Title and risk = yours upon delivery. 

RETURNS

You can return any item within 15 days of receiving it. If an item is faulty, we'll need a photo or provide a post pack to return it. We offer a replacement, repair, refund, or store credit. Refunds will be returned to your original payment method. 

If you change your mind about a purchased item, you will be given a refund or store credit to the same value once the appropriate vendor has received the item, and any shipping costs incurred will not be refunded. Please ensure you use a trackable or signed-for delivery service, such as registered post, as we cannot credit your account until the item has been received.

Please note that store credits are valid for three years from the date they are issued unless specified otherwise.

Our vendors do not allow exchanges.

*Non-refundable items include personalised products, made-to-order furniture, food or makeup items that have been used or opened, underwear, earrings for pierced ears, and One Fine Baby gift vouchers. To qualify for a return, items must be shipped within 10 days, in original condition and packaging, and not affected by abnormal use or reduced in value by delay. 

If a product you order is out of stock, we'll refund you via the same payment method or offer store credit. Shipping costs will also be refunded.

We cannot process returns or exchanges for non-original purchasers.

SALES ITEMS

Sale items are final sales and are not eligible for refunds or exchanges, except for a faulty item.

PLEASE FIND BELOW SOME IMPORTANT INFORMATION REGARDING GIFT VOUCHERS)

At checkout, Gift Vouchers can be redeemed.

Gift Vouchers are valid for 2 years and cannot be exchanged for cash or returned.

If you paid for an item with a Gift Voucher and wish to return it, you will receive a store credit that you can use for a future purchase.

If you paid for an item with both a Gift Voucher and credit card, you will be refunded on your credit card for the amount of your initial payment. The remaining amount will be refunded as store credit.

Please note that you cannot apply promotional discount codes to Gift Voucher purchases. All Gift Vouchers are in Australian dollars.

Let us know if you have any questions!

INFORMATION GIVEN BY VENDORS

It's important to note that most of the information available on this website is provided by our vendors, including all the details related to products that can be purchased from them. We trust that our vendors are reliable sources of information, but we cannot be held responsible for the accuracy of such information.

WARRANTIES AND LIABILITIES

If any Product fails to meet the promises below within 30 days of receipt, return it for a refund or store credit.

Each product on this Website will comply with its descriptions.

Unless otherwise stated, clothing items will be new.

Each product will be in a saleable condition, except for any defects that were mentioned on this website before purchase. Furthermore, if the Australian Consumer Law applies to the sale of a product by the vendor to you, they would like to inform you of the following guarantee under the Australian Consumer Law: 

You have the right to receive a replacement or a refund if a significant failure happens with the product, along with compensation for any other reasonably foreseeable loss or damage. Additionally, if the product fails to meet acceptable quality standards, you have the right to repair or replace it, provided that the failure is not a major one.

All warranties, statements, terms, and conditions not in these terms are excluded to the fullest extent permitted by law.

It's important to note that these terms and conditions do not exclude, restrict, or modify any guarantee, term, condition, warranty, correct, or remedy that is implied or imposed by any statute or regulation. Such guarantees and protections cannot lawfully be excluded or limited, and they may include the Australian Consumer Law. The Australian Consumer Law contains various guarantees that protect the purchasers of goods and services in different circumstances.

If a Non-Excludable Provision is breached, the Vendor's liability is limited to one or more of the following at their option.

In the case of goods, the options available to the consumer are replacement of the goods with a new one or an equivalent, repair of the goods, payment for the cost of replacing the goods or acquiring an equivalent, or payment for the cost of repairing the goods.

 In the case of services, if there is a failure, the provider must either supply the service again or pay for the cost of having the service supplied again.

Vendor's liability is limited to the maximum extent permitted by law, subject to Non-Excludable Provision, and is equal to the greater of:

You are required to pay AUD$100 and any additional amounts to the Vendor for purchasing their Product.

In calculating the Vendor’s aggregate liability under this paragraph, both parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by the Vendor under any Non-Excludable Provision. 

The Vendor is not liable under any circumstances, and no damages will be awarded except as required by law.

The following statement outlines that the responsible party will not be liable for any special, indirect, consequential, incidental or punitive damages. This includes damages for loss of profits, revenue, goodwill or anticipated savings. Whether the claim is in contract, tort (including negligence), equity, under statute or on any other basis, the responsible party will not be held liable, even if the loss or damage was foreseeable and they were advised of the possibility of the loss or damage. 

The liability of the Vendor to you is reduced in proportion to any contribution or causation of loss or liability by you or a third party.

VARIATION OF WARRANTY

We may modify, suspend, or terminate the Website or Vendors occasionally.

YOUR POSTING AND RESTRICTED CONTENT

We may refuse to edit or remove a Posting that does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:

10.1 hyperlinks, other than those specifically authorised by us;

10.2 keywords or words repeated which are irrelevant to the Content Posted.

10.3 the name, logo or trademark of any organisation other than yours.

10.4 inaccurate, false, or misleading information.

REMOVAL OF OFFENSIVE CONTENT/POSTS

11.1 To avoid doubt, this paragraph addresses anyone visiting Our Website for any purpose.

11.2 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice or giving you a reason.

11.3 If you are offended by any Content, the following procedure applies:

11.3.1 your claim or complaint must be submitted to us in a private email. Please be specific. It must be sent to us by email or may not be actioned.

11.3.2 we shall remove the offending Content as soon as we can.

11.3.3 after receiving notice of a claim or complaint, we shall investigate.

11.3.4 we may re-instate the Content you have complained about, or we may not.

11.4 Regarding any complaint made by you or anyone on your behalf, you now grant us a licence to publish the complaint and all ensuing correspondence and communication without limit.

COPYRIGHT AND INTELLECTUAL PROPERTY

Please note that all content on our website, including page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of our affiliates, or suppliers of products for sale. International copyright laws protect it.

You are not allowed to copy or exploit any of the content except as expressly permitted in this agreement or with our written consent. For the sake of clarity, you should note that copyright exists in compilations, graphic images, shapes, and styles, as well as in raw text.

Regarding the interruption of the YDDF Shop service, we do not provide any warranty that the service will be satisfactory to you. We will strive to maintain access to our website, but we may need to suspend all or part of the YDDF Shop service for repairs, maintenance, or other reasons. We may do so without informing you first. Please note that our service may also be interrupted due to reasons beyond our control.

You agree that we are not liable to you for any loss, whether foreseeable or not, arising as a result of interruption to our service.

OUR DISCLAIMERS

Our website contains links to third-party websites we cannot control. You acknowledge and agree that we are not liable for the content of any linked website nor any loss or damage arising from your use of any such website.

We are not responsible for any special, indirect, or consequential damages resulting from your use of Our Website. This includes loss of use, loss of data, or loss of revenues or profits, whether in an action of contract, negligence, or otherwise.

Please note that the YDDF Shop Website and YDDF Shop Services are provided "as is." We do not make any representation or warranty of any kind, express or implied, including any warranty that they will be of satisfactory quality, fit for a particular purpose, or available or accessible without interruption or error.

Regarding the products you buy through Our Website, we are not liable for ensuring that the product or service complies with any law or is available or for the seller performing their contract.

By using Our Website, you expressly release us from any known and unknown claims and liability arising in any way from a dispute between you and a seller.

VIOLATION OF OUR WEBSITE

If you violate Our Website, we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

12.1 modify, copy, or cause damage to Our Website or any software used within it.

12.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

12.3 download any part of Our Website without our express written consent;

12.4 collect or use any product listings, descriptions, or prices;

12.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

12.6 aggregate, copy, or duplicate in any manner any of the Content or information available from Our Website other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

12.7 share with a third party any login credentials to Our Website.

ADVERTISING YOUR PRODUCTS AND SERVICE

If you accept our offer to advertise, market or promote your Product, the following conditions apply.

We may enlist the services of a specialist internet marketing company that is associated with YDDF Shop. Neither you nor we can contract with any other company for specialist services without prior consent from the other. Your obligation is limited to the price charged and due to us, which includes all payments made to others. The cost of any work you request is payable in full and in advance. We will not receive any secret commission on advertising services, but please note that the service supplier is associated with us.

YOUR PRODUCT WARRANTIES

You guarantee that any item you list for sale on Our Website meets the required standards:

Is not harmful to any third party.

Our product is legal worldwide. Buy with confidence.

This mainly aims not to promote any business except for your own business.

The products must adhere to the Australian Standards.

You must own the copyright or have permission to sell any content on our website, to enter or upload that Content;

The seller will receive the net proceeds from any resulting sales.

HOW WE HANDLE YOUR CONTENT

Publicly posted content on our website is available for anyone to see and use, and we cannot control its distribution.

You are giving us permission to publicly share feedback, comments, and ratings about your products, services, and activity on our website, even if it may be critical or defamatory.

We will only use the license for commercial purposes of our website and stop after a reasonable period.

Posting any content does not waive your copyright ownership. We will not protect your rights.

You are solely responsible for any breach of intellectual property rights, defamation, or laws resulting from your Posted Content.

You are solely responsible for determining if any Content is public or confidential.

If you notice any instances of security breach or unauthorised use of your account, please inform us immediately. Also, kindly report any suspicious activity related to your account.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.

All content on Our Website is the property of us, our affiliates, or product suppliers. It is protected by international copyright laws.

You are not authorized to copy, modify, publish, transmit, or create derivative works from the content without express permission.

Compilations, graphic images, shapes, and styles are also subject to copyright, not just raw text.

WE APOLOGISE FOR ANY INCONVENIENCE CAUSED BY THE INTERRUPTION OF THE SERVICE.

Please note that we cannot guarantee that the Service will meet your expectations or requirements.

We will strive to ensure uninterrupted access to Our Website, but in certain cases, it may become necessary for us to temporarily suspend all or part of our Service for maintenance, repairs, or other valid reasons. Please note that we may need to do so without prior notice.

Please be aware that our Service may experience interruptions that are beyond our control, and we cannot guarantee uninterrupted access at all times.

We're not liable for any loss due to Service interruptions.

OUR DISCLAIMERS

We are not liable for any indirect or consequential losses, including loss of profits, revenue, data or goodwill.

We want to make it clear that we cannot be held responsible for any damages resulting from your use of Our Website, whether it's due to loss of use, loss of data, or loss of revenues or profits. This includes situations where the damages were caused by contract, negligence, or any other reason.

We provide Our Website and Services "as is" and offer no warranties, whether express or implied.

With regard to the suitability of our website and service for a specific purpose,

Regarding availability and accessibility, it is expected that the service will function smoothly and without any interruptions or errors.

We shall not be held responsible for any obligation, liability, or remedy in tort, regardless of whether it arises from our negligence or not.

You hereby release us from any claims and liabilities arising from a dispute with a buyer.

YOUR INDEMNITY TO US

You indemnify us for all losses, expenses, legal fees, and management time. A claim by any person in respect of any Product;

Our payment to your customer protects our reputation if you fail to comply with your contract.

As our agent, we may comply with your obligations arising from any regulation or law, even without your permission, and you will be liable for any associated costs.

The deletion or modification of any text or content you post on our website.

Any ex gratia payments resulting from a contract with a buyer.

A demand for payment of taxes based on any amount paid by us.

We will cover any legal or other fees incurred while defending against a claim or for the imposition of a fine or penalty.

Our management will spend time addressing any noncompliance issues.