Terms of service

Terms and conditions

Please read these Terms and Conditions before using or purchasing from this website.  

Ownership
This website, WriggleBum.com.au and its content (“website”) is owned by the WriggleBum Trust, trading as WriggleBum ABN 36 236 633 969 (“WriggleBum”, “our” or “us”).

Acceptance
Your use of this website constitutes your agreement to be bound by these terms and conditions and all other terms, conditions, policies, warranties and disclaimers on this website (the “Terms of Conditions”).  By continuing to use this website, you agree to be bound by the Terms and Conditions.  If you do not agree to the Terms and Conditions, you must stop using the website immediately.

WriggleBum may vary, add, change or delete any part of the Terms and Conditions, or the website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.

Disclaimer and exclusion of warranties
No warranty:  You use this website and the WriggleBum product is at your own risk.  To the extent permitted by law, this website is provided to you on an “as is” and “as available” basis without warranty of any kind express or implied.  To the extent permitted by law WriggleBum excludes any express or implied warranties under statute or general law in connection with this website and any associated goods or services.

Content disclaimer: The information in this website is for general information only.  Whilst reasonable attempts are made to ensure the accuracy of the information on this website, this is not always possible and information on this website may not be true, accurate, up-to-date or complete.  WriggleBum does not invite reliance upon and does not accept responsibility or liability for information provided within or associated with, this website.

WriggleBum may vary, add, change or delete any part of the Terms and Conditions, or the website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.

Third party information:  This website may contain third-party information and links to other websites.  WriggleBum does not control, endorse, check or approve third party information or information on linked websites.  A link to another website does not imply any endorsement of that website or its products or services.

No guarantee of uninterrupted or fault free use: You acknowledge that access to this website may be interfered with or affected by numerous factors, many of which are outside WriggleBum’s control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Your access to this website may not be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this website.

Third party goods or services:  From time to time this website may contain third-party information and links to other websites as a convenience to you. WriggleBum does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.

WriggleBum recommends that you should check the accuracy of information regarding third party goods and services directly with the relevant supplier before making any purchases. Any prices quoted on this website should be used as a guide only and should not be relied on. Any supplier or other third party advertiser displayed on, or accessible via, this website is solely responsible to you for the delivery of any goods or services you purchase from that person.

Release
You unconditionally release WriggleBum, its officers, employees, contractors and agents (“personnel”) from all liabilities, actions, demands, loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this product.

Indemnity
You are liable for and indemnify WriggleBum and its personnel against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by WriggleBum or its personnel, directly or indirectly in connection with your use of this website or your breach of these Terms and Conditions.

Liability for your personnel
You are responsible for the acts and omissions of your personnel as if they were your own acts or omissions.

Intellectual property
© - All rights reserved
WriggleBum owns or is a licensee of all copyright and other intellectual property in this website and its content (including, without limitation all information, text, graphic, software, advertisements and trademarks (if any) on this website (the “Content”).  You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, noncommercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the website).

All trademarks appearing on this website are the property of their respective owners.

Website content 
While we do our best to provide you with accurate pictures and descriptions of our products, we cannot guarantee that the colours shown on the website exactly reproduce the colours of our products. This may depend on the colour reproduction on your computer or mobile device. Information on the website may change without notice. 

Ordering from WriggleBum 
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product for the price (including the delivery and other charges) specified on this website at the time you place your order.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the products or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the products being dispatched to you, or the services being provided to you.

WriggleBum may require additional verification or information before accepting any order.

Where permitted in all states, WriggleBum reserves the right to limit sales, including the right to prohibit sales to re-sellers. WriggleBum prohibits the reselling of items purchased from its site. 

WriggleBum currently only accept orders via this website from within Australia. Within this area, our policies as to delivery and returns apply as set out in these terms. We currently are unable to accept any orders from North America.

Order Cancellation
Please double check your order before finalising the checkout, because once your order is confirmed, we're unable to accept cancellations. We'll be happy to assist you in any way we can in the selection of your items. 

Price
All prices are in Australian dollars (AUD) and inclusive of GST unless otherwise specified. Any currency conversion costs incurred in association with a purchase are not covered by our refund policy and are considered your responsibility.

Prices displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of products and services are subject to change without notice. 

WriggleBum may change the prices published on this website at any time. Prices of products or services placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this website, WriggleBum is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this website, or an error in your order.

Payment
WriggleBum accepts payments using PayPal and via a secure online facility. WriggleBum does not store your credit details. Please note that if your payment declines at the point of purchase, WriggleBum will not receive any notification of the order being placed. Depending on your banking circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates or bank fees. As per our privacy policy, WriggleBum does not collect or retain any of your financial information. 

Stock availability
Please be aware that WriggleBum is receiving online orders 24 hours a day. Whilst WriggleBum will make every possible attempt to ensure our stock availability is up to date, there may be times when stock is sold out.

If you order an item that has sold out, WriggleBum will contact you as soon as possible during business hours (AEST) to:

  • notify you of the approximate delay in supplying you with your order;
  • suggest an alternative item if appropriate; or
  • arrange a refund.

SHIPPING AND DELIVERY

Within Australia
All orders are processed and dispatched within two business days of payment being cleared. Please allow up to 7 business days for standard delivery or up to 3 business days for express delivery in Australia. Express delivery within Australia incurs a shipping fee.

Your order will be posted by Australian express post/Parcel post, and a tracking number will be provided to you so your parcel can be located. WriggleBum cannot be held liable for any loss, damage, or delay incurred by our carriers. 

Please get in touch via the ‘Contact Us’ page if you require your tracking number to be reissued or are concerned that your order is late or lost.

Authority to Leave
WriggleBum will leave your parcel at your premises if unattended. You agree that the parcel is deemed received when left at your premises. WriggleBum will not be responsible for parcels accepted by a third party or an Authority to Leave.

WriggleBum and contractors associated with the delivery do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release WriggleBum from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave. If you do not wish to give WriggleBum Authority to Leave, you must notify us in writing at the time of placing your order and you will have to be at your premises in order for the delivery to occur.

Title and risk
Title to products purchased on this website does not pass from WriggleBum to you until WriggleBum has received payment in full for the products. All risk in the products passes to you upon delivery to your address.

If, due to unforeseen circumstances, you do not receive your parcel, please email us so we can investigate with Australia Post. 

Refunds and exchanges
Our Refunds Policy is available here.

Privacy statement
WriggleBum complies with applicable Australian privacy laws. WriggleBum does not collect your personal information to on-sell to third parties for marketing purposes.

If you have any questions or concerns regarding your personal information, please get in touch via our ‘Contact Us’ page.

Interpretation and general terms that apply
In these Terms and Conditions:

  1. The headings will not affect interpretation of these Terms and Conditions.
  2. The singular includes the plural and vice versa, and a gender includes other genders.
  3. Any other grammatical form of a word or expression defined in these Terms and Conditions has a corresponding meaning.
  4. A reference to a clause or paragraph is to a clause or paragraph of, these Terms and Conditions.
  5. A reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time.
  6. A reference to “A$”, “$A”, “dollar” or “$” is to Australian currency.
  7. A reference to time is to time in Melbourne, Victoria (AEST or when applicable, AEDT).
  8. A reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes.
  9. A reference to a person includes a natural person, body corporate, partnership, trust, association or any government or governmental, semi-governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation, instrumentality or any other entity.
  10. A reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements.
  11. The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
  12. A reference to anything (including but not limited to any right) includes part of that thing.
  13. Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds those parties jointly and severally.
  14. Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of those parties jointly and severally.
  15. Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
  16. A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of these Terms and Conditions.
  17. WriggleBum may assign any rights or benefits under these Terms and Conditions at any time.
  18. If any provision, or the application of any provision, of these Terms and Conditions is prohibited, invalid, void, illegal or unenforceable in any jurisdiction: (a) this will not affect the validity and enforceability of the provision or part in other jurisdictions; (b) the provision or part will only be ineffective to the extent of the prohibition, invalidity or illegality; and (c) the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of these Terms and Conditions.
  19. These Terms and Conditions supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of these Terms and Conditions and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in these Terms and Conditions.
  20. These Terms and Conditions will be governed by the laws of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Contact
Please email us if you have any further questions.