TERMS AND CONDITIONS OF SUPPLY OF GOODS

LIABILITY

Please read these Terms carefully and make sure that You understand them, before ordering any Products from the website. We amend these Terms from time to time. Every time You wish to order Products, please check these Terms for any updates and to ensure that You understand the Terms which will apply at that time.

These Terms, and any Contract between Us and You, are only in the English language.

 

  1. CONTACT US

1.1 You may contact Us by e-mailing Us at sales@xiaobao.com.au.

 

  1. OUR PRODUCTS

2.1 The images of the Products on the Website are for illustrative purposes only. Any Products that You order may vary from those images to some extent.
2.2 The packaging of the Products may vary from any packaging shown on images on the Website.

 

  1. THE CONTRACT

3.1 You acknowledge that in entering into this Contract You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
3.2 You and We agree that neither of Us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Our shopping pages will guide You through the steps You need to take to place an order with Us. Our order process allows You to check and amend any errors before submitting Your order to Us. Please take the time to read and check Your order at each page of the order process.
4.2 After You place an order, You will receive a notification or email from Us acknowledging that We have received Your order.
4.3 If We are unable to supply You with a Products, for example because that Products is not in stock or no longer available or because We cannot meet Your requested delivery date or because of an error in the price on the Website, We will inform You of this by e-mail and We will not process Your order. If You have already paid for the Products, We will refund You the full amount including any delivery costs charged.

 

  1. OUR RIGHT TO VARY THESE TERMS

5.1 We amend these Terms from time to time. Please ensure that You read these terms each time You purchase Products from Us.
5.2 Every time You order Products from Us, the Terms in force at the time of Your order will apply to the Contract between You and Us.

 

  1. RETURNS AND REFUNDS POLICY

The purpose of this policy is to outline the process by which customers (You), after purchasing goods through www.xiaobao.com.au, can return damaged or faulty Products to Us. If You do have a problem regarding any of the Products you receive from Us, please follow the guidelines below.

This Policy does not affect any statutory rights that You may have.

This policy applies only in respect of Products purchased through Our Website. It does not apply to the provision by Us of debit and credit card processing facilities or merchant services or benefits (third party or otherwise)

Several conditions must be met before We will proceed with the refund.

(a) You notify Us within 5 working days of delivery of the Products if there is a quality problem.
(b) You return the Products to Us within 14 days of delivery, We will not be responsible for the returning shipping fees (from You to Us).
(c) You provide us with satisfactory proof of purchase of the Products.
(d) We inspect the Products and establish that there is a quality problem of the returned Products.
(e) Refund of the Products will not include shipping fees refund.

6.1 Since all Products are made to order, We cannot accept any returns, exchanges or issue refunds if You change your mind or incorrect orders made. Therefore, it is Your responsibilities to order the right size, color, style since all sales are final.

6.2 We reserve the right to determine whether there is a quality problem of the returned Products. If We discover a quality problem upon inspection of the returned Products We will notify you of any refund or replacement due via email within a reasonable period of time.

6.3 We also offer partial refunds if conditions for a full refund is not met. Also note that some of Our items are non-refundable. Due to the delicate structure of Edible Bird’s Nest some breakage and/or powdering of the product may occur due to mishandling in transportation by Australia Post or other shipping company. Therefore no refund or exchange will be given.

6.4 If the returning package doesn’t include all the accessories and parts it was shipped with, the cost of the accessories and parts will be deducted from the total Products price and can only warrant a partial refund.
All packages that warrant a complete and partial refund will not have its original shipping fee (from us to you) refunded!
We reserve the right to issue an approximately 10% restocking fee based on the condition and specification of the item.

 

  1. DELIVERY

7.1 Delivery may take up to 5 business day. However during peak periods delivery may take longer than usual time. Please let us know if your order is urgent at the time of purchase. Occasionally Our delivery to You may be affected by an Event Outside Our Control.

7.2 Delivery of an Order shall be completed when the Products are delivered to the address You gave Us and the Products will be Your responsibility from that time.
You can request an authority to leave for your order with Australia Post after the order is placed. XiaoBao and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method.

7.3 You will only own the Products once We have received payment in full, including all applicable delivery charges.

 

  1. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 The prices of the Products will be as quoted on the Website at the time You submit Your order.
8.2 Prices for Our Products may change from time to time, but changes will not affect any order You have already placed and which has been accepted by Us in accordance.
8.3 The prices of the Products displayed on the Website will be in AUD $ and be inclusive of GST (Australian domestic Goods and Services Tax).
8.4 The price of a Products does not include delivery charges. Delivery charges will be calculated separately.
8.5 The delivery charge on orders to be delivered to an Australia Postal Address only. Will not deliver to GPO BOX Address.
8.6 If We discover an error in the price of the delivery charge We will contact You to inform You of this error and We will give You the option of either continuing to purchase the Products at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing or by email.

 

  1. HOW TO PAY

9.1 Payment shall be made using Credit Card, Paypal or Wechat Pay.

9.2 We do not accept payment using cards that are not listed, or by any other method.

9.3 By making Your payment using Our Payment Processors You agree to each of Our Payment Processor’s terms and conditions in relation to the processing of Your payment.

9.4 We do not guarantee and shall not be liable to You in any way in respect of the performance or reliability of the services provided by Our Payment Processors.

9.5 Any personal information given by You to Our Payment Processors shall be used in accordance with Their respective privacy policies, and not Our own policy.

9.6 Payment for the Products and all applicable delivery charges is in advance.

 

  1. MANUFACTURER GUARANTEES

Some of the Products we sell to You may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.

 

  1. LIMITATION OF LIABILITY

11.1 We shall be under no liability to You whatsoever:

(a) in respect of any defect or lack of fitness in the Products arising from any specification supplied by You or arising in the manner in which the Products are consumed by You or a third party;

(b) if the total price for the Products (including any delivery charges) has not been paid; and

(c) in respect of Products not manufactured by Us, in which case You shall only be entitled to the benefit of warranty or guarantee as is given by such manufacturers to the end user of such Products.

11.2 We will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

11.3 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products purchased by You.

 

  1. EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control.

12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:

(a) We will contact You as soon as reasonably possible to notify You; and

(b) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.

12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, You will have to return (at Your cost) any relevant Products You have already received and We will (at Our discretion) refund the price You have paid, including any delivery charges.

 

  1. COMMUNICATIONS BETWEEN US

13.1 When We refer, in these Terms, to “in writing”, this will include e-mail.
13.2 Any notice or other communication given by You to Us, or by Us to You, under or in connection with the Contract shall be in writing.

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