Terms of service

1 Purpose

Welcome to https://bonny.com.au (the Website). The Website is owned and provided by Shop Bonny Pty Ltd (ACN 655 406 241) (Bonny). These terms and conditions (Terms) govern your access to, and use of, the Website.

By using the Website, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, the Website. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use this Website.

By placing an Order for Products, you agree to be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, the Website. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, place an Order for Products.

In these Terms, the words “we”, “our” and “us” refer to Bonny and its directors, officers, employees, agents, related entities and affiliates and “you” or “your” means the person who agrees to be legally bound by these Terms.

2 Definitions

Unless expressly provided otherwise, in these Terms:

“Content” means all of the material (including all text, graphics, logos, audio and software) made available on the Website.

“Intellectual Property” means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.

“Order” means an order for one or more Products made on the Website.

“Products” means the product items listed for sale on the Website from time to time.

“Privacy Policy” means the privacy policy for Bonny (as amended from time to time), the current version of which can be accessed at the following link: https://bonny.com.au/policies/privacy-policy.

Any reference in these Terms to the singular includes the plural, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.

3 Use of the Website

Unless we agree otherwise in writing, you may only access or use this Website for your own personal, non-commercial use only.

You may not use the Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, eBay, Facebook Marketplace or other third party services.

You must ensure that your access to and use of this Website is not illegal or prohibited by laws which apply to you.

This Website and its Content, including links, are provided to you ‘as is’ and your access to and use of this Website is at your own risk.

We may at our sole discretion and without prior notice stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of the Website or our permission to link to our Website.

4 Orders

Our offer of Products on the Website constitutes an invitation to buy our Products. This means, it is not a binding offer to sell. Subject to these Terms, you may make an offer to buy Products by making an Order for Products using the Website.

When purchasing Products using the Website, you must select the Products you intend to purchase by adding them to a virtual shopping cart (Shopping Cart). Your Shopping Cart can be viewed from every page of our Website or you can proceed directly to checkout by clicking “Buy it Now”. You can make changes to your Shopping Cart at any time prior to placing an Order.

Once you have decided to purchase the Products in your Shopping Cart, you must enter your personal details, select the method of payment, select the shipping conditions and click “Pay Now” or “Complete Order” to make an Order.

By placing an Order you:

1. make an offer to buy the Products from Bonny;
2. agree to pay the price of the Products and the applicable delivery fee; and
3. warrant to us that all information provided by you in relation to that Order is accurate, complete and current.

You acknowledge and agree that each Order that you make, if accepted by us, is a separate and binding agreement between you and us for the supply and delivery of those Products in accordance with these Terms.

If we accept your Order, we will send a confirmation email to your nominated e-mail address.

We may at our sole discretion cancel your Order at any time prior to shipping of the Products. Unless we agree otherwise, we will only accept Orders for delivery within Australia and may reject Orders for delivery to rural or remote locations or to post office boxes or postal lockers.

If you place an Order and the Products are to be delivered to someone other than you, you warrant to us that you have obtained that person’s consent to provide us with their personal information and that they agree to accept delivery of the Products.

If you request we change or cancel your Order, we will use our reasonable endeavours to cancel or change that Order if it has not already been shipped but we make no representation that we will be able to do this.

If we change or cancel your Order, we will send a confirmation email to your nominated e-mail address.

We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Product due to inaccurate or incomplete details provided in an Order.

5 Our Products and pricing

Products may vary slightly from their images on our Website. The images of the Products on our Website are for illustrative purposes only.

Products are listed on the Website and are subject to change at our sole discretion and without notice.

Prices for Products and delivery fees for Orders are listed on the Website and, unless otherwise specified, are in Australian Dollars and are inclusive of any applicable Australian taxes, including GST.

Prices for Products in an Order and the delivery fee for that Order are fixed once an Order has been confirmed, but prices for Products and delivery fees for Orders are otherwise subject to change at our sole discretion and without notice.

Discounts may be given at our sole discretion on terms and conditions notified to you by us at the time of the relevant offer.

6 Payment terms

All payments will be processed via ShopPay, a secure third party payment gateway, PayPal or Afterpay (each a Payment Gateway). You will select your preferred Payment Gateway at checkout. We do not collect and hold any customer credit card details.

If we accept your Order, your payment will be processed for your Order then or shortly thereafter through the Payment Gateway.

If we accept your Order but then you request to change your Order, you will be charged or refunded in full (to the payment method you used to make the Order) the difference between your initial Order and your subsequent Order.

If we accept your Order and then on your request or at our sole discretion cancel it, we will refund you in full (to the payment method you used to make the Order) the value of that Order.

We will not ship the Products in your Order unless we have accepted your Order and we have received in full payment for that Order from your nominated payment method.

7 Shipping and delivery

Express Shipping is free for all Orders above $150 in value, to be delivered to an address in Australia.

We aim to deliver Products to you, at the place of delivery requested by you, when you place your Order within the timeframe indicated by us at the time of your Order. Although we always endeavour to deliver your Order as soon as possible, we make no guarantee of the delivery date or time.

Once your Order is dispatched, you will receive an email from us with a tracking number.  If there is no one available to receive the delivery, Australia Post or StarTrack may either leave a card with collection details from your local post office, leave the parcel at the postal address, or return the parcel to sender. 

We are not responsible for delays outside of our control. If the delivery of the Product is delayed by an event outside our control, then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

In the case of the non-availability of goods, your advance payment, if any paid, will be refunded without delay.

If your delivery cannot be left at the local post office or if after failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection, we may end the contract and claim for any loss caused by your refusal or non-availability to take delivery. If you are in default of acceptance, we reserve the right to sell the Products to a third-party or to hold you liable for any loss.

8 Title and risk

The Products will be your responsibility and all title and risk in the Products will pass to you from the time we deliver the Products to your nominated delivery address.

9 Returns and refunds

Every Product that is sent out is subject to strict quality inspections during the packing process. In the unlikely event that a Product that is faulty or has a defect, we will replace or repair the Product (where possible) or refund the full purchase price to your original payment method.

If you have received a Product with a defect, you must notify us as soon as possible via email at hello@bonny.com.au. In the email, please specify the following information:

1. your name;
2. your address;
3. your phone number;
4. your email address;
5. a description of the Product that you believe you are entitled to have exchanged or refunded and the reason for this; and
6. details of the relevant Order, including your receipt number and an invoice for that Order.

In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods. Unless we are obliged to exchange or refund your Product under Australian Consumer Law, any exchange or refund of your Product is at our sole discretion.

You may also return any Product due to a change of mind within 14 days from delivery. All returns will be laundered and donated to support charities and those at need (at our discretion). A refund or exchange of any Product must be in reasonable condition including, without limitation, not stained, torn or destroyed.

Upon receipt and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with these Terms, we may:

1. refund the price of the Product returned to your original payment method if the product is a doona or a bed sheet in re-sellable condition; or
2. exchange the Product for another Product, subject to availability and our absolute discretion, having regard for, but not limited to, price or
3. refund 70 percent of the product price if it is a bed sheet product that is not re-sellable and a return/refund has been approved.

If we agree to replace or exchange your Product, you must return the Product you received to us at Level 2, 65 Dover Street, Cremorne, Victoria 3162 and we will aim to ship a replacement Product to you in a timely manner.

If we agree to give you a refund, you must return the Product you received to us at Level 2, 65 Dover Street, Cremorne, Victoria 3162 and we will aim to initiate your refund within 7 business days of receiving the returned Product. Any refund will be by the same means of payment used for the original purchase. Any additional time that it may take for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

If the return, in our reasonable opinion, is not in compliance with these Terms, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us.

We will not take responsibly for any Products lost or damaged in transit.

10 Discounts and promotions

We may offer discounts and promotions at our sole discretion from time to time on the terms and conditions notified to you by us at the time of the relevant offer. At any time, without prior notice, we may revoke any discount or promotion offered to you.

You agree that when you purchase a Product in accordance with a discount or promotion that the purchased Product has been purchased in accordance with that discount and promotion. Any Order that was not made in accordance with a discount or promotion may be cancelled immediately at our sole discretion.

We agree that when a Product is purchased in accordance with a discount or promotion, we will act in good faith to fulfil the Order. In the event that we cannot fulfil an Order that was subject to a discount or promotion, we will notify you as soon as reasonably practicable and provide you with a full refund.

From time to time, Content on our website may contain typographical errors, inaccuracies or oversights relating to a Product, product image, price, availability discount or promotion a product description, product image, price, promotion, special offer or availability. In such circumstances, we may amend any errors, inaccuracies or oversights and cancel any orders at any time without prior notice.

10.1 Referral program

This clause applies to our discount program that enables customers or influencers invited by Bonny to share a discount code (Referral Program).

If you have purchased a Product, Bonny may invite you to participate in the Referral Program. Influencers or ambassadors may also apply to Bonny to participate in the Referral Program.

If you are invited and agree to participate in the Referral Program, Bonny will send you (the Referrer) a unique link or discount code (Code) that you may share with your friends, family or your social media network. Referrers will then be required to set up an account with Social Snowball and agree to Social Snowball's terms and conditions.

Third parties that use your Code (Referee) will receive a discount of $25AUD on their first purchase.

The Code is only valid for Referees if they are a first-time customer and the Code can only be used one time per Referee. The Code may not apply when other onsite promotions are active.

For each sale made using a Code, the Referrer will receive a Visa Debit Card equivalent to $25AUD (or some other amount determined by us in our absolute discretion) via Tremendous, or via a gift card with other retailers (Referral Gift). The Referral Gift may be provided in USD or AUD.

In order to receive your Referral Gift:

1. the purchase made with your Code must not be returned or cancelled;
2. your Code must only be shared through direct message, text message email or via your social media pages; and
3. your Code must not be shared on any coupon websites.

Referrers will use Social Snowball to monitor the use of their Code. Referrers are required to select their payout method on Social Snowball in order to receive their payout.

You must not use your Code to purchase Products yourself. Any self-referral is monitored, and Bonny reserves the right to remove credit gained from any self-referral.

If you agree to participate in the Referral Program, you agree not to engage in any activity that may be considered fraudulent, invasive or spammy.

If we reasonably believe that you, or a third party that you have given your Code, are abusing the Referral Program or are otherwise in breach of our Terms, we may not pay you the Referral Gift and/or may cancel your Code.

We reserve all rights to suspend or stop giving the Referral Gift or use of the Code at any time.

If for some reason we are unable to pay you the Referral Gift as planned, we are not liable to you or anyone else if we do not pay the Referral Gift.

11 Copyright and Intellectual Property

Unless otherwise indicated, we own or licence from third parties all Intellectual Property in this Website and the Content.

Your use of the Website and use of or access to any Content does not grant you any right, title or interest in the Website or the Content. You may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Website. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties.

12 Privacy Policy

Your privacy is very important to us and we will always act to protect your information. View the full details of our Privacy Policy. Please note that by agreeing to these Terms you will be deemed also to have read, understood and agreed to our Privacy Policy in its whole.

13 Rights under Australian law

Australian law, including the Australian Consumer Law, provides you with certain rights in respect of your Order that cannot be excluded by these Terms, including that your Products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the Products will correspond with any relevant description.

Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.

14 Disclaimer

To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that our Website or Websites that we link to or your access to or use of them will be uninterrupted, secure or error free, that any defects in the Website will be corrected or that the Website is free of viruses or other malicious computer code.

To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that the information on our Website or information on website(s) that we link to is accurate, complete, suitable or current.

15 Limitation of liability

To the maximum extent permitted by law, you acknowledge and agree we will not be liable for and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, or are incidental to:

1. your access or use of, or your inability to access or use this Website, part of this Website or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or Content; or
2. a Product, including the ordering, shipping, delivery and use of a Product.

Our liability that results from, is connected with, arises out of, or is incidental to your access or use of, or inability to access or use, this Website or part of this Website, and which cannot be lawfully excluded, is limited to resupplying this Website or any part of it to you or to paying for the resupply of this Website or any part of it to you (at our option).

Our liability that results from, is connected with, arises out of, or is incidental to a Product, and which cannot be lawfully excluded, is limited to resupplying the Product to you or paying an amount equal to the retail price of the Product to you (at our option).

Our liability is limited to the extent that it is caused, or contributed to, by you.

16 Indemnity

To the maximum extent permitted by law, you agree to indemnify us and keep us indemnified against all claims, loss, damages and expenses (including legal costs) incurred by us that result from, are connected with, arise out of, or are incidental to your access or use of, or your inability to access or use, our Website, part of our Website or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or contents.

17 Links

The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

18 Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

19 Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

20 Amendment

We reserve the right at our sole discretion and without notice to revise these Terms at any time. You should visit the Website periodically to review these Terms. Amendments will be effective immediately upon publication on the Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by these Terms as amended. By making an Order following such publication you agree to be legally bound by the Terms as amended.

22 Messaging

22 Governing Law

These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Website.

The Website may be accessed in Australia and overseas. We make no representations that the Website complies with the laws of any country outside Australia, and if you access the Website from outside Australia, you do so at your own risk.

23 Effective Date

These Terms are effective on and from 28 June 2022.