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Terms and Conditions

1.   Using this website Means You Agree to These Terms.

1.1.   Please read these terms and conditions and all our policies (including our Privacy Policy) (“Terms of Use”) as a condition precedent to using our site.
1.2   By using this website you and anyone acting with your implied or explicit authority (including shareholders, directors, officers, employees or other representatives, advisors, suppliers and independent contractors) (“You”), accept these Terms of Use.
1.3   By clicking “I Accept” at the end of these Terms of Use, You will be deemed to have accepted them.
1.4   This is an agreement between You and Petite Tresor (ABN 36 280 974 013) (Incorporating Modelo Australasia Pty Ltd ACN 124 577 359) (“Petite Tresor”) and governs Your use of this website.

2.   Explanation

2.1   These Terms of Use restrict Your rights and remedies and provide protection to Petite Tresor and our shareholders, directors, officers, employees or other representatives, and our advertisers, suppliers, advisors and independent contractors (“Affiliates”). They also include warranty disclaimers and disclaimers of liability. If You don’t agree or don’t want to accept these Terms of Use, You can elect not to access this website and not to buy from Petite Tresor. If anything is in these Terms of Use, including the warranty and liability disclaimers, that You disagree with or are not willing to be bound by, or if something is missing from these Terms of Use that You consider essential, then regretfully, You must not use this website.

3.   Access and Use of Site

3.1   Petite Tresor lets You visit this website for Your own use. You must not download or attempt to modify anything in this website and You must not interrupt or attempt to interrupt the operation of the website. You must not use this website for any unlawful purpose. You must not reproduce duplicate, copy, sell, resell, display, or otherwise use all or any portion of this website for any commercial purpose. You must not link this website to any other site without our prior written consent.
3.2   You are solely responsible for Your transmissions in respect of Your purchase of anything located on our site as governed by these Terms of Use (“Buy Now Sale”).
3.3   You must:
(a)   not forge communications or take any other action which would disguise the origin of the communications transmitted by You through a Buy Now Sale;
(b) not allow another person to transmit communications that falsely identifies Your account as the origin of such a communication;
(c) comply with all regulations, policies and procedures of networks connected to a Buy Now Sale which either apply by operation of law or are referred to in the Site;
(d) ensure that your name, password and other information required from you (“Your Information”) and actions do not contain any viruses, Trojan horses, worms, time bombs, cancelbots and other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4.   Registration and Use

4.1   Only VIPs must register Your Information with us to participate in a Buy Now Sale. Registration is free and does not oblige to You purchase anything. Buy Now Sales by non VIPs will not require registration.
4.2   You must not use false or misleading information when registering or performing a Buy Now Sale. Your obligations to us will not be reduced for any reason including (for example) where You use a false name. If You are a VIP and Your details have changed since You last performed a Buy Now Sale, You must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because You have not provided us with the complete and accurate information.
4.3   You are responsible for the security of Your Information. We may assume that anyone using Your Information is authorised by You. Unauthorised access and use of Your Information will, under no circumstances, reduce Your liability in connection with performing a Buy Now Sale. You must notify us immediately if You become aware of any unauthorised use of Your username and password or of any other security breach.
4.4   We will not send You unsolicited emails, however, we intend to send notifications to You by email of:
(a)   sales confirmation for Buy Now Sales;
(b)   the status of Your delivery, if applicable;
(c) a copy of Your invoice, if applicable;
(d) if You choose to register as a VIP to receive information of “specials” and “new products”;
(e) if any goods that have been ordered are out of stock, we will notify You by email of the adjusted delivery date; and
(f) requests to participate in customer feedback.
However, we accept no liability for any loss or damage incurred if, for whatever reason, You do not receive such notifications.
4.5   We will use Your personal data in accordance with our Privacy Statement and if You do not wish to receive future emails from us, as a VIP, you may unsubscribe through the link on the Site.
4.6   As a VIP, You may request that Your account be closed by emailing us a closure request. We will not sell Your Information to other mailing lists.
4.7   We will only agree to close Your account if:
(a)   any Buy Now Sale has been concluded; and
(b)   You have all paid everything You owe us in cleared funds.
4.8   We may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us or as required by law. In dealing with Your Information; we will always act reasonably.

5.   Eligibility To Participate

5.1 Petite Tresor reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5.2 You must be able to form legally binding contracts to use the Buy Now Sale. This means You must not use the Buy Now Sale if You:
(a) are under 18 years of age;
(b) an undischarged bankrupt; or
(c) under any type of insolvency administration, where You are a company.

6.   Product Descriptions

6.1   Petite Tresor attempts to be accurate in product descriptions. However, we do not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered is not as described.
6.2   All adult products sold on this site are sold as novelties.

7.   Buy Now Sales

On the occasion that we provide links to sites of other businesses, we are not responsible for examining or evaluating, and we do not warrant the offerings of any of those businesses or the content of their websites. We do not assume responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and their terms of use.

8.   Delivery and Risk of Loss

8.1   All risk of loss and title for items passes to You on our delivery to the carrier.
8.2   All items will be delivered to You in discreet packaging and no mention of Petite Tresor on the exterior of the packaging and the return address will not announce Petite Tresor.
8.3   Our stock is held here in our warehouse and we aim to process and ship Your order within 24 hours of receiving it Monday to Friday. Occasionally an item may be out of stock and not displayed on our website and if this is the case, You will be notified of the new delivery date, or given an option to choose a similar product or refund.
8.4   There are two delivery options that You may choose (delivery times are approximate), namely:

Option 1: Parcel Post with Insurance (Minimum Charge is $6:00 AUD with an option to register and insure the package for $3:00 AUD).
Within Sydney Metro:
1 business day
Other Destinations within NSW (Australia)
1-4 business days.
Interstate destinations between capital cities:
3-5 days
Interstate Rural Destinations:
6-10 days
International New Zealand Airmail (Incurs Insurance Charge of $7:50 AUD):
5-10 days
Other International destinations:
7-28 days
Note: We are not liable for items that are not registered, and therefore are not insured after they have left our warehouse.


Option 2: Express Post (Minimum Charge for express post is $12:00)
Delivery Times:
Guaranteed next day delivery within the Express Post Network. Please ensure that you are within the network before selecting this option.
Note: Express Post Packages can be tracked, but cannot be registered, and thus not insured and we expressly exclude all Liability for packages sent by Express Post.

9.   Return of Goods

9.1   You may not return goods because You change Your mind.
9.2   Given the nature of our products, we regrettably are unable to offer a refund or exchange if You change Your mind. We will however, offer a refund as Your sole remedy if an item is out of stock. In the event of a faulty product (save faulty batteries), we will gladly replace it within 21 days of purchase. In this instance, please notify us immediately with a description of the fault and return the goods to us, clean and unused and in their original packaging and proof of purchase (invoice).
9.3   Within the first 10 working days of us receiving a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and Your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the item will be returned to You and You will be charged all freight charges incurred by us as a result of this process.
9.4   If, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 21 days, either replace Your goods or refund (at our sole discretion). Your credit card for the value of the returned goods (save costs), or issue You with a cheque for the nominated amount.

10.   Liability Disclaimers

10.1   Neither Petite Tresor nor any of our Affiliates, will be liable for injury, loss or damages of any kind arising from use of this website, including, but not limited to special, direct, indirect, incidental, punitive, consequential damages, tax, liability and/or expense that may be incurred by us and our Affiliates on a full indemnity basis arising directly or indirectly from or in connection with or related to the use of this website or by any negligent acts or omissions (“Liability”).
10.2   We provide the Site and the Buy Now Sale without any express or implied warranty or condition concerning the Site’s capacity.
10.3   We do not guarantee continuous, uninterrupted or secure access to the Buy Now Sale. Operation of the Site may be restricted by factors outside of our control or during maintenance.
You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Buy Now Sale may not be available and A Buy Now Sale may not be processed or accepted.
10.4   We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
10.5   We cannot guarantee that preservation of any record, particularly after the provision of the Buy Now Sale to You has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

11.   Limitation of our Liability to You

11.1   To the extent permitted by law, all express or implied conditions or warranties in connection with the Buy Now Sale, the Site and the sale of any goods are excluded.
11.2   We expressly limit our liability for breach of a condition or warranty implied by virtue of any law as detailed in clause 9.2 above.
11.3   Subject to any rights You may have under any law, if an item is sold as a Buy Now Sale and that item is sold with an accompanying manufacturer’s warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is Your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.

12.   Our Rights

12.1   You may be sued for any losses suffered by any person arising out of any illegal action.
12.2   If Your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the Terms of Use, we may immediately institute proceedings against You for any amount owing to any person.
12.3   We may withdraw and/or re-offer a Buy Now Sale if the item:
       (i)   is withdrawn by the manufacturer or distributor;
       (ii)   was incorrectly described; or
       (iii)   was incorrectly priced.
12.4   we may withdraw an item from sale or cancel a Buy Now Sale at any time, even if the sale has been completed and the item delivered to You. In those circumstances, we will return any amount You have paid for the item.
12.5   We also reserve the right to change the:
       (i)   quantities of the products posted;
(ii)   maximum number of items which You may buy (e.g. we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information).

13.   Indemnification

13.1   By using the website You agree to indemnify, defend, and hold harmless Petite Tresor and its Affiliates from and against any and all Liability relating to any claim arising out of Your breach of these Terms of Use. Each of our Affiliates has the right to enforce this provision. You agree to cooperate in the defence of any claims.
13.2   You waive, release, discharge and relinquish any and all Liability that You now have or may have against us, our Affiliates, which are connected with, arise out of, relate to or are incidental to the use of a Buy Now Sale.
13.4   You further agree to indemnify and hold us, and our Affiliates harmless from any and all Liability claimed by any third party due to arising out of a breach of the Terms of Use by You, or the infringement by You, or other user of a Buy Now Sale using Your Information, of any intellectual property or other right of any person or entity.

14.   Copyright

The contents of this website are the property solely of Petite Tresor or our content suppliers and are protected by copyright laws. This includes all website designs, text, graphics, interfaces, selection and arrangements, and all software. We reserve all rights under copyright laws and all other laws. We prohibit any other use of materials on this website, such as copying for any other purpose, modification, distribution, public performance or republication, without our prior written consent.

15.   Trademarks

Our trademarks (including but not limited to all titles, names, graphics and icons are service marks, trademarks, or trade dress) may not be used with any product or service not offered by Petite Tresor or in any manner that may confuse customers, vendors, or others, or that may falsely harm our reputation. Other trademarks, product names, company names or logos in or produced as a result of a search in this website are property of their respective owners.

16.   International Users

16.1   This website is controlled, operated and administered by Petite Tresor from offices within Australia. We make no representation that materials at this site are appropriate or available for use outside Australia and access to them from territories, states or countries where viewing this website or purchasing items from this website is illegal is prohibited. You must not use the website or export any products purchased through this website in violation of Australian export laws and regulations.

16.2   Goods will be sent via Air Mail, postage and handling costs are calculated by weight, volume and postcode via Australia Post.  Goods can be sent internationally to most countries including New Zealand, the UK, Ireland, Europe, Canada and the USA.  Petite Tresor does not accept any Liability for delays on international orders or any import restrictions imposed by the country of destination.

17.   Time Limit to Make a Claim

The time limit for any claim You wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises, and if not brought within the shorter of these times, the claim is barred.

18.   Contacting Us

This website and the related functions, facilities and services are operated and maintained by www.bluehost.com at the URL: www.petitetresor.com.au. Our office postal address is: 21/320 Rocky Point Road Ramsgate NSW Australia 2217 Our email address is info@petitetresor.com.au. We welcome Your questions and comments. You may send these to us by mail to this address. Any formal notice must be sent to us at this address by registered mail, return receipt requested.

19.   General

19.1   The headings in these Terms of Use are just for convenience to make these easier to use. Headings aren’t allowed to be used to interpret these Terms of Use.
19.2   You agree that the laws and jurisdiction of New South Wales, Australia.
19.3   Our failure to insist on strict performance of any provision of these Terms of Use does not mean we waive that provision in the future.
19.4   These Terms of Use are our entire agreement about Your use of the website.
19.5   We may change these Terms of Use, at any time, without notice. Any change is effective when we post the change on this website.
19.6   If any of these provisions is found to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severed and will not affect the validity and enforceability of any remaining provisions.
19.7   All prices are inclusive of all taxes (including GST), fees and charges.
19.8   Site means the website.
19.9   Us/we, means a Petite Tresor and its Affiliates.


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