The Burton Group (Australia) Pty Ltd A.C.N. 600 024 404 is the legal holder of the business name Smellies Brands (also known as “Smellies” and www.smelliesclothing.com) A.B.N. 49 600 024 404. Any mention of the name, Smellies Brands, refers to the business name and the legal entity which holds that name, being The Burton Group (Australia) Pty Ltd.
Terms and Conditions of Use
Please take few minutes to read the below information about the legal terms and conditions that apply to your use of the Smellies Brands website and any services or products that you order from us. If you do not agree to these terms and conditions please do not use our website.
By using this website you are bound by these terms and conditions which form a legally binding contract between you and Smellies Brands ABN 49 600 024 404.
Use of This Website
You may only use this website for lawful purposes and will not use it in a way that violates the rights of any third party.
You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose.
Unless you have prior consent you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website.
If you are a corporate customer and would like to use any content, photography or logos contained within this site for corporate purposes please contact Smellies Brands at firstname.lastname@example.org.
Copyright, Trademarks and Ownership of Rights
The copyright, trademarks and other intellectual property rights contained within this site are owned by or licensed to The Burton Group (Australia) Pty Ltd A.B.N. 49 600 024 404 who is the legal owner of the business name Smellies Brands and unless authorised, the use or misuse of them is forbidden.
A Cookie is a small data file that is stored by your web browser on your computer.
Links to Third-Party Sites and Other Websites
There may be, from time to time, links on this site to other websites that may be of interest to you. Please note that Smellies Brands is not responsible for the information contained on those websites. Each site have their own terms and conditions that you should familiarise yourself with. We will not be liable for any damage caused by use of these websites.
Damage to Computer or Other Device
We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however we cannot guarantee that use of this website will not cause damage to your computer or other devices. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show images, appearances and colours of our products as accurately as possible, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products. If you are unhappy with your purchase, please review our Returns Policy.
We reserve the right to accept or reject an order for any reason due to unavailability of product; an error in the price, image or the product description; or error in your order. We reserve the right to request photo ID from you for verification purposes before we allow your order to be dispatched.
We will use our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you when a product is unavailable prior to you completing your order. In some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such cases, we will refund in full all amounts you have in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and reserve the right to limit the sale of products to reasonable or normal household quantities.
Variation of Products and Price
Smellies Brands may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Smellies Brands retail outlet points and those found on this website.
A standard flat rate fee per delivery and re-delivery will apply. The delivery fee is non-refundable unless the goods fail to comply with the consumer guarantee provisions of the Australian Consumer Law.
We will be using Australia Post for all of our shipping needs. All orders will be shipped from Melbourne within one to two business days. Delivery lead time will vary depending on your location.
We will make every attempt to deliver goods within the estimated timeframe, however please be aware that delays may occur due to unforeseen circumstances or factors that are beyond our control. Office hours are Monday to Friday, 9am to 5pm. Orders will be processed and despatched within these office hours. Orders will not be processed during Public Holidays in the State of Victoria.
Please refer to our Returns Policy.
All orders are calculated in Australian Dollars (AUD). You must pay for your products purchased on this website at the time of placing an order. We only accept payment by PayPal.
We will always act to protect the details of your payment and purchase however in the absence of negligence, Smellies Brands will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.
Please refer to our Returns Policy.
Cancelling an Order
You can cancel your online order provided that it has not been dispatched. Please contact us at email@example.com.
We will attempt to cancel your order without delay however occasionally it may not be possible to stop an order from being dispatched.
If your order has been dispatched please refer to our Returns Policy.
Password and Account Security
It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session.
If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.
Smellies Brands will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.
We may change or update this website and the terms and conditions at any time by giving you notice as outlined below. Your use of this website after notice will constitute your deemed acceptance of such changes.
We will not accept responsibility if this site is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.
Correction of Errors
Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we have the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.
If you believe that there is a typographical error, inaccuracy or oversight on this website please contact us at firstname.lastname@example.org.
Smellies Brands may give notice to you by electronic mail, conventional mail to your address contained in your order, or notice posted on the Smellies Brands website. You may give notice to Smellies Brands by electronic mailed to email@example.com or by conventional mail posted to P.O. Box 2200, Mount Waverley, Victoria, 3149.
If you breach these terms and conditions, we reserve the right to immediately suspend, terminate or limit your access to this site. A notice as outlined above will be sent to you.
Disclaimer/Limitation of Liability
Your use of this website is at your own discretion. Smellies Brands (i) makes no warranties or representations about this website or any of the content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this website or content and; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors.
We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website or the content contained within it. Where liability cannot be excluded, any liability incurred by Smellies Brands in relation to the use of this website or the content, is limited as provided under the Australian Consumer Law.
We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external site. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.
Smellies Brands operates this website from its office in Australia. The laws of the State of Victoria govern these Terms and Conditions.
Comments, Feedback and Other
We're always happy to hear from you and welcome your comments, suggestions or feedback. Please drop us a line at firstname.lastname@example.org
Last Updated 27 May 2015