1. FORMATION OF THE CONTRACT
1.1 These terms of sale apply to all goods supplied by Sugarchilli.com.au (ABN 77 085 114 053; trading name “Sugarchilli”).
1.2 These terms should be read in conjunction with the General Terms and Conditions (also below) which shall also apply.
1.3 Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods.
1.4 The contract is subject to your right of cancellation (see clause 5 below).
1.5 Sugarchilli reserves the right to change these terms of sale without notice to you in relation to future sales. Such changes will be accompanied by updated Terms & Conditions of Sale.

 

2. DESCRIPTION AND PRICE OF THE GOODS
2.1 The description and specification of the goods you order will be as shown in the Catalogue on its website at [www.sugarchilli.com.au] at the time you place your order. Although the Sugarchilli takes every care to ensure that the description and specification of the goods is correct, slight variations may occur and therefore, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Sugarchilli will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.
2.3 Every effort is made to ensure that prices shown in the Catalogue or shown on the Website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, the Supplier will refund or recredit you for any sum that has been paid by you or debited from your credit or debit card for the goods.
2.4 In addition to the price, you will be required to pay a delivery charge for the goods, as shown in the section of the Sugarchilli.com.au’s website about delivery.

 

3. PRICE AND PAYMENT
3.1 The prices payable for the items that you order are clearly set out in the Catalogue or on the Website. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we dispatch the item concerned.
3.2 The price of the goods and delivery charges are expressed inclusive of any GST payable unless otherwise stated.
3.3 Payment for the goods and delivery charges can be made by any method shown in the Supplier’s current catalogue or shown on the Website at the time you place your order.
3.4 Sugarchilli uses Paypal to provide secure online credit and debit card payment. Paypal provides secure data encryption and Buyer Protection Services. No credit or debit card information is ever stored with Sugarchilli. If you have any queries in relation to Paypal or its secure payment services, you should contact Paypal via its website at www.paypal.com

 

4. DELIVERY
4.1 The goods you order will be delivered to the address you give when you place your order. Please refer to the Catalogue or the Website for further information on the delivery charges applicable. For international orders: please check your own country's guidelines and rules on importing prior to purchasing. Customers are responsible for their own customs/tax/import charges.
4.2 If delivery cannot be made to your address, the Supplier will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for delivery.
4.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, Sugarchilli will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. In this case, we will inform you as soon as possible.
4.4 You will become the owner of the goods you ordered and responsible for risk of loss of or damage to them once they have been delivered to you.
4.5 Sugarchilli takes great care in ensuring postage details are accurate as per the information provided to us from your order. However, we cannot be held responsible for items lost in the mail or delayed as a result of inaccurate information provided by you or other circumstances outside of our control. In this case, please contact us as soon as possible and we will endeavour to assist tracking the location of your item.

 

5. YOUR RIGHT OF CANCELLATION & RETURNS POLICY
5.1 You have the right to cancel the contract at any time up to the end of ten working days after you receive the goods. Where reasonable evidence of when you received the goods is unavailable, this date will be determined as up to 5 days after we have posted the item to you. A working day is any day other than weekends and bank or other public holidays.
5.2 To exercise your right of cancellation, you must give written notice to Sugarchilli via email, fax or post, at the address, fax number or email address advised by Sugarchilli, giving details of the goods ordered and (where appropriate) their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Sugarchilli at the return address advised by Sugarchilli. You shall be responsible for the cost of returning the goods to the Sugarchilli unless the goods are faulty or defective or the Supplier has delivered the item in error. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. When returning items you are strongly recommended to use a recorded delivery method. Proof of posting is not proof of delivery. The Supplier cannot accept responsibility for parcels lost in transit. Sugarchilli reserve the right to inspect returned goods to determine their condition upon return.
5.4 Once you have notified the Sugarchilli that you are canceling the contract, we will refund or recredit you within 30 days for any sum that has been paid by you or debited from your credit or debit card for the goods, provided that Sugarchilli are satisfied with the condition of the returned goods.
5.5 If you do not return the goods as required, Sugarchilli may charge you a sum not exceeding the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract if the order is for goods, which by their nature cannot be returned or are liable to deteriorate or expire rapidly. These include bikini bottoms and lingerie briefs.

 

6. WARRANTY
6.1 All goods supplied by the Supplier are warranted free from defects for 3 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
6.3 If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, you should notify the Sugarchilli in writing via the fax number or email address shown on our website.

 

7. DATA PROTECTION
7.1 Sugarchilli will take all reasonable precautions to keep the details of your order and payment secure, including the use of reputable third party payment fulfillment services (such as Paypal). However, unless Sugarchilli is negligent, we will not be liable for unauthorized access to information supplied by you.
7.2 Sugarchilli will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. Sugarchilli would like to notify you of products and offers that may be of interest to you from time to time, and if you would like to be notified of these, you may subscribe to our mailing list as detailed on our website. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the address, fax number or email address shown below. You can also opt out of the newsletter at your choosing via instructions listed at the bottom of each newsletter.
8. LIMIT OF SUGARCHILLI’S RESPONSIBILITY
8.1 Sugarchilli will be responsible for acting only on those instructions sent to Sugarchilli that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Sugarchilli is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Sugarchilli is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
8.2 The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". Sugarchilli does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
8.3 In no event will Sugarchilli be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Sugarchilli, or representatives thereof, are advised of the possibility of such damages, losses or expenses. 
9. INDEMNITY
  You agree to defend, indemnify and hold Sugarchilli and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Sugarchilli's Site and the Service, your violation of this Agreement, or your violation of any rights of another.

 

10. GOVERNING LAW
  This Agreement and contract shall be governed by the laws of the Commonwealth of Australia

 

GENERAL TERMS & CONDITIONS

These Terms and Conditions govern your use of the Sugarchilli website (the “Site”) and your relationship with Sugarchilli.com.au or Sugarchilli.com (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. If you have any questions on the Terms and Conditions, please contact info@sugarchilli.com.au

1. USE OF THE SITE
  The Site is provided to you for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.

 

2. AMENDMENTS
  We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to you via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.

 

3. REGISTRATION
3.1 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.2 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

 

 

4. SECURITY
  The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.

 

5. YOUR USE OF THE SITE
5.1 You may not use the Site for any of the following purposes:
5.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
5.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
5.1.3 interfering with any other person’s use or enjoyment of the Site; or
5.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.2 You will be responsible for our losses and costs resulting from your breach of this clause 5.

 

6. AVAILABILITY OF THE SITE
6.1 Although we aim to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Site you should report it to info@sugarchilli.com.au and we will attempt to correct the fault as soon as we reasonably can.
6.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

 

7. THE COMPANY'S LIABILITY
7.1 The Site may, at times, provide content from other Internet sites or resources and while the Company tries to ensure that such material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
7.2 If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
7.3 This clause 7 shall not limit or affect our liability resulting from any products sold through the Site being found to be unsafe or if something we do negligently causes death or personal injury.

 

8. THIRD PARTY WEBSITES
  As a convenience to customers, the Site may include links to other web sites or material which are beyond our control. The Company is not responsible for content on any site outside the Site.

 

9. ADVERTISING AND SPONSORSHIP
  Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

 

10. APPLICABLE LAW
  These Terms and Conditions will be subject to the laws of the Commonwealth of Australia.

 

11. INTERNATIONAL USE
  We make no promise that materials on the Site are appropriate or available for use in locations outside Australia, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

 

11. MISCELLANEOUS
11.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
11.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
11.3 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
11.4 Information contained with the Sugarchilli BLOG or SugarchilliTV is for general informative and entertainment purposes only and Sugarchilli cannot be held responsible for any consequences as a result of this information. However, this does not apply where Sugarchilli has acted negligently. Although all care is taken to ensure the accuracy of information provided, Sugarchilli cannot hold held responsible and viewers/readers are advised to seek their own advice prior to acting upon information provided. 
11.5 If you have any queries please contact info@sugarchilli.com.au.
You may also phone us on: (+612) 8011 4602