Terms and conditions
Last updated: 19 August 2020
Welcome to the website of Moon Lab Pty Ltd A.B.N. 30 629 307 179 trading as Designer Bums (“we”, “us” and “our”). Your access to and use of all information on this website provided subject to the following terms and conditions, and you agree to be bound by these terms and conditions.
- We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. When we change these terms and conditions we will also update the “Date of last update” at the top of this document. You should check this page occasionally to ensure you are familiar with any changes.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
- All prices and delivery charges on our site are in Australian dollars and are exclusive of GST (if any). International orders will be processed in Australian dollars.
- If you order products for delivery outside Australia, the products may be subject to import duties and taxes which are levied when the delivery reaches its final destination. You will be responsible for payment of these duties and taxes.
- We reserve the right to alter prices and delivery charges for any reason at any time. If there is a pricing mistake on our website, we are not obliged to honour such price, and will contact you prior to processing your order.
Sales and promotional pricing
Unless otherwise stated, all sale and promotional advertisements relate to the original price of our products and while stocks last. We reserve the right to conclude or exclude the sale pricing at any time and without advertised notice. We cannot guarantee or honour voucher codes and discounts outside of advertised periods or failure to enter at checkout.
Loyalty Program and Points
- All loyalty points exclude taxes and shipping. We cannot guarantee or honour voucher codes and discounts outside of advertised periods or failure to enter at checkout. Points cannot be transferred, extended or refunded for cash. Loyalty vouchers cannot be used in conjunction with other discounts such as value packs or bulk discounts, only one voucher code can be used during checkout.
We trust our products completely, so all our products are fully warranted against defects in materials and workmanship. We are committed to complying with all our obligations under consumer laws. If a product fails due to a major manufacturing fault or material defect, you can ask for a replacement or refund. Or, we will repair it free of charge. For a minor fault or defect, we may repair it free of charge, or if it is not practical to repair it, we will replace it or offer a refund at our discretion.
Our warranty is for 12 weeks from purchase and covers:
Our warranty covers:
- defective snaps;
- defective stitching;
- defective PUL;
- defective zippers; and
- flaws in fabric (but not print placement).
Our warranty does not cover:
Prior to use of our products, please carefully
- normal wear and tear;
- change of mind;
- sale items;
- the natural breakdown beyond the reasonable life of the materials and components (e.g. fading, pilling and shrinkage in certain fabrics) – natural fibres will shrink after washing;
- modifications or alterations (e.g. cutting, stitching and removing parts including the care label);
- damage caused by improper use (e.g. forceful use of snaps);
- improper care and maintenance (i.e. not following our care instructions, exposing to high heat or chemicals causing delamination);
- snags; or
- improper storage;
- incorrect use and fitting of the products, leaking;
- not fitting or wrong size;
- where the purchase was not made directly from Designer Bums or a verified retailer or stockist of our brand (i.e the product was purchased on the second-hand market.)
Account registration, information and passwords
- You may be required to open an account with us if you would to use certain features on our website. In doing so, you will be required to provide us with information. You must ensure that the information you provide is adequate, complete and current. You may not have more than one (1) account. It is your responsibility to protect your password. You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your account whether you have allowed such activities or actions. Any unauthorised use of your account must be notified to us immediately. You are responsible for any unauthorised use of your account.
- We reserve the right to suspend, disable or terminate your account at any time in our sole discretion. All decisions regarding the opening, maintenance and closing of accounts rests with us and any decisions we take regarding any aspect of your account is final.
In order to purchase a gift voucher, you must register to open an account with us through our website. Gift vouchers are ordered through our website and will be delivered electronically via email to an email address specified by you at the time of your order. Our gift vouchers must be redeemed on our website, as full or part payment of your product(s). You cannot use a gift voucher to purchase another gift voucher. When purchasing a gift voucher, please make sure to correctly enter the recipient’s email address. We are not responsible if you incorrectly enter the recipient’s email address and the recipient does not receive the gift voucher. Discounts, offers and promotions do not apply to your purchase of a gift voucher. All gift vouchers are dated and expire three years from the date of issue. Gift vouchers cannot be exchanged for cash. Where we allow a return/refund on a product(s) purchased using a gift voucher, the refund will be credited to your gift voucher. We are not responsible for lost, stolen or damaged gift vouchers. Gift vouchers are not refundable or transferrable. Gift vouchers cannot be purchased via Zippay, Afterpay or any other ‘pay later’ credit option.
Intellectual Property Rights
- Unless otherwise stated, we own all intellectual property rights in and to this website and the products and information displayed in it and other material underlying and forming part of this website. Use of our trademarks or any intellectual property, information or other material from this website is now allowed without our prior written consent.
- If you choose to use this website, you do so at your own risk. We make no representation that anything offered through this website is available for use in other locations, or that it complies with laws and regulations of other locations. We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error free basis. We make no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the website.
- Actual colours of our product(s) may vary. This is due to the fact that every computer monitor has a different capability to display colours and that everyone sees these colours differently. We try to edit out photos to show the samples as life-like as possible, but please understand the actual colour may vary slightly. We cannot guarantee that the colour you see accurately portrays the true colour of the product(s).
- To the fullest extent permitted by law, we disclaim all other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products listed or purchased on or through our website.
- We cannot combine shipping, change orders or refund orders after they have been placed, so please choose carefully before ordering.
- We are not liable to you on any basis (including negligence) for any loss or damage (howsoever caused) arising out of or in connection with your use of this website or its contents.
- Our total liability to you for any claims arising out of or in connection with your use of this website or its contents under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant product(s) or the payment of the cost of same.
- To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this website.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria, Australia and you agree to submit to the jurisdiction of the courts of that state.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Intellectual property rights
Subject to these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser, subject to the other provisions of these terms.
Except as expressly permitted by these terms, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-licence material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
Breaches of these terms
Without prejudice to our other rights under these terms, if you breach these terms in any way, or if we reasonably suspect that you have breached these terms in any way, we may:
(a) send you one or more formal warnings;
(b) suspend/prohibit your access to our website; and/or
(c) commence legal action against you, whether for breach of contract or otherwise.
Where we suspend/prohibit your access to our website or a part of our website, you must not take any action to circumvent such suspension/prohibition.
Designer Bums name and logo are registered trademarks and protected by law.