Terms and Conditions

Welcome to Blue Jasmine and Co ("we," "our," or "us"). Please read these Terms and Conditions ("Terms") carefully before using our website located at www.bluejasmineandco (the "Site"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

 

 Our Disclosures:

 Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out     below:

• Our liability under these terms is limited as set out in the Limitations section below.

• Nothing in these terms limit your rights under the Australian Consumer Law.

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​1. Introduction
     This website is operated by Blue Jasmine & Co (ABN: 99 702 043 464) (we, our or us). These terms and conditions (Terms) govern your use of our       website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter into a           binding agreement with us.

 

2. Orders
    (a) You may order products as shown on our website. By placing an order, you agree to purchase the product(s)
          at the total price shown at checkout.
    (b) You must be at least 18 years old to place orders.
    (c) We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once
          we accept an order, a binding agreement is formed for the supply of products under these Terms.
    (d) All purchases are subject to product availability. We do our best to keep products in stock and maintain
          accurate availability information on our website. Any pre-order products (not currently in stock) will be clearly
          marked on our website. Any dispatch dates shown are estimates only, and we are not liable for delays or date
          inaccuracies.
   (e)  We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate.
          However, we do not warrant that product descriptions or other content is error-free, complete, or current. In
          the event of an error, we reserve the right to correct it and will notify you if this affects your order.
    (f)  Colours and images displayed on our website may vary from the actual product due to monitor settings,
          lighting, and photography.
   (g) We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability
         to supply products due to circumstances beyond our control, or errors on our website (such as incorrect
        descriptions, prices or images). We will contact you using the details you provided when ordering.
3. Payments
   (a) You must pay in full when you place your order. The amount payable includes all product prices, delivery
         charges, and GST, as displayed at checkout. You remain liable for any import duties or other charges
         imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting
         from customs clearance processes.
   (b) We accept the payment methods displayed on our website at the time of purchase. Where we offer payment
         through third-party providers, your use of those payment methods may be governed by the third-party
          provider's separate terms and conditions, which you must review and accept directly with them.
 

4. Delivery, title and risk
     (a) We deliver to areas specified on our website. If you are outside our delivery area, please contact us to
           discuss alternative options.
     (b) Delivery timeframes shown on our website are estimates only.
     (c) We use various delivery methods. Some deliveries require a signature, while others may be left in a safe
           place or at your nearest post office for collection, subject to your preferences and our delivery partner's
           policies.
     (d) We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you
            must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest
            over the products.
      (e)  Risk passes to you upon delivery to your specified address.
 

4.1 Digital Products
      (f)   For digital products, we will send a download link to the email address you provided when placing your order
             once payment has been received and processed. You are responsible for ensuring the email address you
             provide is accurate and for checking your email (including spam/junk folders) for the download link. Digital
             products are delivered electronically only and are not physical products that will be shipped to you.
      (g)  The digital products we supply (including planners, SVG files, and dashboards) are licensed to you, not sold.
             We retain all ownership and intellectual property rights in the digital products at all times. You must not claim
              ownership of any digital products.
       (h)   You may modify the digital products for your own use, but you must not:
            (i) resell, redistribute, or supply the digital products (whether modified or unmodified) to any third party;
            (ii) claim ownership or authorship of the digital products; or
            (iii) use the digital products in any manner that infringes our intellectual property rights.
        (i)  For SVG files only, you may use the digital products for personal use and limited commercial use, provided
             you comply with these Terms.
         (j) For planners and dashboards, you may only use the digital products for personal use. Commercial use of
             planners and dashboards is strictly prohibited.

 

5 Australian Consumer Law
       (a) We do not accept returns for change of mind. However, you may have rights to a repair, replacement or
             refund under the Australian Consumer Law.
       (b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other
             legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with
             guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement
             or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are
             also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure
             does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by
             the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties
             and conditions are fully expressed in these Terms.
      (c)   Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any
              associated costs (for example delivery costs) of you returning the products to us.
      (d)  Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery
             costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the
             price of the relevant product. Please contact us for further information.

 

6. Limitations
      (a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted
by law:
              (1)  neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue,
                     or business opportunities;
               (2)  each party's liability will be reduced proportionately where the loss was caused or contributed to by
                      the other party's acts, omissions, or failure to mitigate their losses; and
               (3)  each party's total liability arising from or relating to these Terms or the products will not exceed the
                      amount paid for the specific products that are the subject of the relevant claim.

 

7. Use of our website
     (a)   When using our website, you must not:
             (1) breach any person's privacy, legal rights, or upload personal information without consent;
             (2) defame, harass, threaten, or offend any person;
             (3) use our website for any unlawful purpose;
             (4) interfere with other users or our website's operation;
             (5) introduce viruses, malware, or attempt to modify or tamper with our website;
             (6) send spam or unsolicited messages;
             (7) use automated tools such as bots, scrapers, or data mining software;
             (8) assist others in doing any of the above;
             (9) provide false, inaccurate, or misleading information;
            (10) use another person's details without authorisation; or
            (11) fail to maintain the security of any access credentials we provide to you.

 

8. Intellectual property
     (a)  All intellectual property rights in our website, products, content, branding, and materials (including copyright,
            trademarks, and designs) remain our property at all times.
     (b)  Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our
            intellectual property solely for your personal use of the products or our website as intended.

     (c)  You must not, without our prior written consent:
              (1)   copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
              (2) use our intellectual property for commercial purposes or revenue generation;
              (3) modify, adapt, or create derivative works from our intellectual property;
              (4) frame or embed our content in another website; or
              (5) remove or alter any copyright notices or proprietary markings.
      (d)  You may share our content on social media or personal blogs provided you:
              (1) do not claim ownership of our intellectual property;
              (2) do not imply our endorsement unless explicitly agreed in writing; and
              (3) do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.
      (e)  If you submit content to our website (such as reviews, comments, or feedback), you:
              (1) grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content
                    for our business purposes;
              (2) warrant that you own the content or have permission to submit it;
              (3) acknowledge that we may remove any content at our discretion; and
              (4) remain responsible for ensuring your content does not infringe third-party rights or violate any
                    laws.
       (4)(f)     For digital products (including planners, SVG files, and dashboards), the limited license granted to you
                     under clause 8(b) is subject to the additional restrictions set out in clause 4.
9 General
        (a)  Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any
               dispute in good faith. If this fails, the parties will engage a mediator, with mediation costs shared equally. This
               does not prevent either party from seeking urgent court orders when necessary.
         (b) Notices: All notices must be in writing and sent to the contact details provided during your order or to our
               details below. Notices sent by post are deemed received after 48 hours, and emails are deemed received
               when sent.
          (c) Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable
               control (such as supply chain disruptions, cyber attacks, natural disasters, government actions, or
               pandemics), provided the affected party promptly notifies the other party and uses reasonable efforts to
               minimise the impact.
         (d) Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.
         (e) Privacy: We collect, use, and disclose your personal information in accordance with our privacy policy
               available on our website.
         (f) Amendment: We may update these Terms at any time by publishing revised terms on our website. The
              Terms that apply to your order are those in effect when you place your order. We recommend reviewing the
              current Terms before each purchase.
         (g) Governing law: These Terms are governed by the laws of New South Wales. Both parties submit to the
               exclusive jurisdiction of the courts operating in New South Wales and any appeal courts, and waive any
               objection to proceedings in those courts.

 

       For any questions and notices, please contact us via our email at: info@bluejasmineandco.com or via our Chat and forms on our website. 

                                                                                            Blue Jasmine & Co (ABN 99 702 043 464)
 

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