Welcome to the website of Gilded Cage Pty Ltd (ACN 601 057 916) (Gilded Cage, we or us, and our has a corresponding meaning).
By visiting and/or using this website (Site), you signify your agreement to these terms and conditions (Terms).
Please carefully read the Terms, which govern your use of the Site as well as the terms and conditions applying to any orders you may place on Gilded Cage (Orders) for products of Gilded Cage purchased or proposed to be purchased through the Site (Products).
If you have any queries in relation to the Terms, please email us at firstname.lastname@example.org
If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm or loss caused by any wrongful use of the Site or its contents resulting from such access or use.
Gilded Cage, as the online merchant, is located in Australia and this Site is directed at consumers in Australia. If you do not agree to any of these Terms, please do not use the Site.
If you wish to make a purchase of Products through this Site, you will be requested to provide some personal details and other information relevant to your Order (OrderInformation). In particular, you must provide your real name, delivery address for the Products, email address, telephone number and other requested information as indicated in the order section of the Site. Also, you will be required to provide payment details through a secure gate with Pin Payments or Paypal. See Section 4 below for further information concerning the payment procedure. By entering your payment details, you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
You agree that you will not upload or otherwise provide any Order Information which (i) is false, fraudulent, inaccurate, misleading or deceptive (ii) is defamatory, unlawful, threatening, intimidating, harassing, inappropriate, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent or degrading (iii) infringes the intellectual or other proprietary interests of any third party (iv) contains spam, chain letters, pyramid or other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupted, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way infringes on another’s use or enjoyment of the Site or otherwise encourages other uses to breach these Terms (v) violates any law, statute or regulation or (vi) encourages or incites any other person to engage in any of the above behaviour.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST and all other taxes. There will be an additional cost for shipping of Products, as advised at the checkout of your Order. Prices are provided for information purposes only and have no contractual effect until we notify you that your Order has been accepted and we confirm to you the price for the Products and shipping costs. Prices and shipping costs are subject to change effective immediately upon posting to the Site or other form of notification.
International Pricing and Shipping Note: Import duties, taxes, and charges aren’t included in the item price or postage cost. These charges are the responsibility of the buyer. Please check with your countries customs office to determine what these charges will be prior to purchasing online at Gilded Cage.
You must pay for any Products that you Order with a credit card through a secure gateway with Pin Payment or Paypal, which complies with the Payment Card Industry Data Security Standard.
Once you have made your choice of Products and your Order has been placed, you will receive an email acknowledging the details of your Order. That email is not an acceptance of your Order, just a confirmation that we have received it. Unless you cancel your Order, acceptance of your Order and completion of the contract between you and Gilded Cage will be completed when we email you to confirm the Products have been dispatched and have been handed over to the designated carrier. The sales contract is concluded in New South Wales, Australia.
We reserve the right to refuse to process any Order to anyone at any time at our sole discretion. For example, we may not accept your Order in the event that we are unable to obtain authorisation for payment or if the item of Product ordered is out of stock. We also reserve the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or delivery address.
It is anticipated that all Products will be delivered to you within seven working days from the date your Order is accepted by us, however we will not be liable in the event we are unable to deliver the Ordered Products within that time.
International Shipping: Please anticipate up to 14 days for International express delivery. This is a guideline only, in most instances you will receive your order sooner. Gilded Cage will not be liable in the event we are unable to deliver the Ordered Product within that time.
We are not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, accidents or breakdown of plant, machinery, software, hardware or communication network, internet interruption or virus, acts of God, government actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion or flood.
If a Product that you Order is defective or otherwise does not comply with the requirements of the Australian Consumer Law or these Terms, you may be entitled to the certain remedies arising from that defect or non-compliance. See further Sections 13 and 14 below.
Otherwise, we would be pleased to accept a return of any Product that is Ordered by you (Returned Product) on the following conditions: (i) Returned Products must be in their original package, not opened and the Returned Product not used (ii) the Returned Product must be returned to us at your cost to our address at Gilded Cage PO Box 84, Fairy Meadow, New South Wales 2519, Australia within 14 days of it having been sent to you by Gilded Cage and (iii) we will provide to you a refund of the purchase price paid by you for the Returned Product (not including any delivery costs) or provide to you a store credit for the equivalent amount.
By placing an Order with Gilded Cage, you agree to use the Products only for their intended purpose as described in this Site or as otherwise notified to you in writing by Gilded Cage. If you use the Products for any other purpose you will assume full responsibility for any loss or damage arising out of that use.
For the purposes of this Section and other Sections of these Terms, Content means the content on the Site and its ‘look and feel’, including without limitation, all information, text, software, scripts, graphics, icons, logos, trademarks (including the ‘Gilded Cage’ trade mark, Australian registration No. 1644740), photos, sounds, music, videos, interactive features and the like.
All of the Content is owned by Gilded Cage or, in some cases licensed to us, and is subject to laws on copyright, trade mark and other intellectual property rights under Australian and foreign laws and international conventions. Content is provided to you as is, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of Gilded Cage. We reserve all rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted herein for any purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trade mark and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
We grant you a limited, revocable and non-exclusive license to access and make personal use of the Site provided that: (i) you will not republish, redistribute or download any part of the Site in any medium without our prior written consent; (ii) you will not copy, alter, reverse engineer or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with the Terms.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders”, “offline readers” or similar that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Despite the foregoing, we reserve the right to revoke these exceptions either generally or in specific cases.
If, in our reasonable opinion, you breach any provision of these Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site, without prejudice to any other remedy provided by applicable law or these Terms.
In any event, we may terminate these Terms (and your right to use the Site) at any time and for any reason without prior notice to you.
All of the Content is for informational purposes only and is not intended to provide any medical information or advice or otherwise. You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, we do not warrant or make any representations about the accuracy or completeness of the Site’s content and Gilded Cage, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.
We attempt to be as accurate as possible when describing the Products on the Site, however we do not warrant that the Product descriptions, colours, information or other Content available on the Site are accurate, complete, reliable, current or error-free.
We make no warranties or representations and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorised access to or use of Gilded Cage’s secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.
This Section is subject to Section 13 of these Terms, and nothing in this Section attempts to exclude or restrict any Non-excludable Conditions described in Section 13.
In addition to any guarantees that may be available to you under the Australian Consumer Law in relation to Products Ordered by you, we warrant that each Product Ordered by you will (i) comply with the description for that Product contained on the Site and (ii) be suitable for the particular purpose of that Product as described in this Site or as otherwise notified to you in writing by us. Except for those guarantees and those warranties, we make no representation, warranty or guarantee of any kind whatsoever, express or implied, in connection with these Terms or the Site or any Products that may be ordered through the Site, including but not limited to warranties or guarantees of merchantability or non-infringement of any intellectual property rights, except to the extent such representations, warranties or guarantees are Non-excludable Conditions as defined in the next paragraph.
Legislation, including the Australian Consumer Law, may imply guarantees, warranties or conditions or impose obligations upon us in respect of your use of the Site or in respect of Products that you Order, which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent (Non-excludable Conditions). Nothing in these Terms excludes any Non-excludable Conditions and these Terms must be read subject to the Non-excludable Conditions.
If the Non-excludable Conditions apply, or if we breach either of the warranties provided by us in the first paragraph of this Section, to the extent to which we are able to do so, our liability under those Non-excludable Conditions or in respect of that warranty will be limited, at our option, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods (ii) the repair of the goods (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired, and in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again.
In no event shall Gilded Cage, its officers, directors, employees or agents, be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content (ii) property damage or business interruption of any nature whatsoever resulting from your access to or use of this Site (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein (iv) any interruption or cessation of transmission to or from the Site (iv) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Site by any third party and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available via the Site, whether based on warranty, contract, tort (including negligence or otherwise) or any other legal theory, and whether or not we have been advised of the possibility of such damages.
To the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence or otherwise) even if we had been advised of the possibility of such damages.
The Site is controlled and offered by Gilded Cage from its facilities in Australia. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, however nothing in this Section excludes any Non-excludable Conditions.
You agree to indemnify and hold harmless Gilded Cage and its agents, directors, officers and employees (each an Indemnified Party) to the fullest extent allowed by law for and against any and all claims, loss, damage, liability, cost or expense (including but not limited to legal fees) suffered or incurred by any Indemnified Party arising from: (i) your use of and access to the Site, subject to any rights you may have under the Australian Consumer Law (ii) any breach by you of any provision of the Terms or (iii) any breach by you of any representation or warranty provided by you, except and to the extent that the claims, loss, damage, liability, cost or expense is due to the negligence or default of Gilded Cage.
This defence and indemnification obligation will survive these Terms and your use of the Site.
This Site is for your personal, non-commercial use only and you may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or otherwise.
This Site may contain links to other websites that are not owned or controlled by Gilded Cage. This includes the link to the secure gateway Pin Payments and Paypal for payment of Products that are Ordered – see further Section 4 above. We have no control over, and assume no responsibility for, the content, performance, functionality, practices or privacy policies of any third party websites. In addition, Gilded Cage will not and cannot censor or edit the content of any third-party site.
The provision of any links to other websites or reference on our Site to any product, service or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gilded Cage.
You agree that (i) the Site shall be deemed solely based in Australia and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Gilded Cage, either specific or general, in jurisdictions other than Australia.
These Terms shall be governed by the internal substantive laws of the State of New South Wales, Australia, without respect to its conflict of laws principles. Any claim or dispute between you and Gilded Cage that arises in whole or in part from the Site or the Products or their supply to you shall be decided exclusively by a court of competent jurisdiction located in New South Wales, Australia.
By using this Site, or by placing an Order with us, you (i) agree to these Terms (ii) submit to the jurisdiction of the courts of New South Wiles and Australia and (iii) agree that any legal action will only be commenced in those forums. The Site is available only to people who can form legally binding contracts under applicable law.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Site or the placement of any Order with us following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
You and Gilded Cage agree that any cause of action arising out of or related to the Site or any Products or their supply to you must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred. This, however, is subject to any rights you may have to the contrary under the Australian Consumer Law.