1. In General
1.1. Loopeeze Ltd (“www.fablittlebag.com.au”) owns and operate this Website. This document governs your relationship with www.fablittlebag.com.au (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, and any membership and subscription of Website as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
1.2. Website has ‘Members’ and ‘Subscribers’. These Terms and Conditions apply fully to ‘Members’ and ‘Subscribers’
1.3. Website has ‘Monthly subscriptions’ ‘Half yearly subscriptions’ and ‘Yearly subscriptions’ These Terms and Conditions apply fully to ‘Monthly subscriptions’ ‘Half yearly subscriptions’ and ‘Yearly subscriptions’
1.4. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
2. Acceptance of Terms & Conditions
2.1. You agree that Loopeeze Ltd has the right from time to time, with or without notice to you to change these Terms & Conditions at our sole discretion. The Terms & Conditions applicable to your access to and use of the Website will be the version that is current and displayed on the Website as at each day you access the Website. Your use of the Website means that you agree to be bound by such changes.
2.2. Your Membership and Subscriptions
2.3. You can find the specific details regarding your membership with Website by logging into ‘My Account’ on www.fablittlebag.com.au
2.4. New memberships are currently set to run indefinitely, you are free to cancel any subscriptions associated with your membership at any time
2.5. We may refuse any application to join Website or receive our services for any reason whatsoever. Please note that by supplying your email address on signing up you grant us permission to contact you via email regarding your account and changes to your subscription or the services this website offers.
2.6. We reserve the right with (30) Thirty days’ notice to you to change any of the terms of Your Membership or Your Subscription. Notice will be sent by email to the email address indicated in your Account.
3. Membership Cancellation and Membership Changes
3.1. Membership to Website is free. You cannot cancel membership if you have an active subscription
3.2. If you wish to cancel your Membership send an email to [email protected] with the subject title “Membership Cancellation”.
4. Your subscriptions
4.1. You can find the specific details regarding your subscriptions with Website by logging into you’re my Account with www.fablittlebag.com.au and clicking on the Account details.
5. Purchase of Subscriptions
5.1. You may submit subscription orders online at any time. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
5.2. Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms & Conditions.
5.3. Subscription payments are currently processed through our third party payment process service and are subject to their Terms & Conditions
5.4. Loopeeze Ltd will automatically renew your Subscription on each monthly anniversary date of the Subscription and, as authorised by you during the Subscription sign up process.
5.5. You can only purchase subscriptions to be delivered in the United Kingdom.
6. Subscription Cancellation and Subscription Changes
6.1. If you wish to cancel a subscription you can do so by logging into ‘My Account’ on www.fablittlebag.com.au and following the instructions.
6.2. Subscriptions must be cancelled or changed at least fourteen (14) days before the next bill date to prevent being charged for another month. Any subscriptions due in that time will be charged and processed as normal
6.3. If you change your shipping or billing address, you must update your address details by logging into the “My Account” area on the website and updating “Shipping Details”. Please ensure this is done seven (7) days before a subscription is due to be despatched as you will be liable for any subscriptions posted to the wrong location.
8.1. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.fablittlebag.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
8.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
9. Intellectual Property, Software and Content
9.1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.fablittlebag.com.au or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.fablittlebag.com.au and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
10. Terms of Sale
10.1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
10.2. In order to contract with www.fablittlebag.com.au you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to any third party payment services provider. www.fablittlebag.com.au retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.fablittlebag.com.au or may in some cases be a third party. Where a contract is made with a third party www.fablittlebag.com.au is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
11. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
12. Pricing and Availability
12.1. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
13.1. The ‘Initial Subscription Date’ is the date of the first payment for a subscription.
13.2. Monthly subscription requires a payment to Loopeeze Ltd every 30 days after the ‘Initial Subscription Date’
13.3. Half yearly subscription requires a payment to Loopeeze Ltd every 6 months from the ‘Initial Subscription Date’
13.4. Yearly subscription requires a payment to Loopeeze Ltd every 12 months from the ‘Initial Subscription Date’
13.5. Details of your next payment date can be found on the main page of ‘My Account’
13.6. All payments must be processed before your products are shipped. You acknowledge that until we receive confirmation from our third party processing agent, payment has not been validly made and the order will not be shipped.
13.7. It is your responsibility to ensure that the ‘third party processing agent’ has correct and valid payment details throughout your entire subscription period.
13.8. If you do not pay on time or if your debit or credit card account cannot be charged for any reason, Loopeeze Ltd. reserves the right to either suspend or terminate your subscription. Should your account fall into arrears, Loopeeze Ltd. reserves the right to pass on your details to a third party collection agency for retrieval of the outstanding debt. There will be a GBP 30.00 handling charge for all such cases.
13.9. You agree not to hold us responsible for banking charges incurred due to payments on your account.
13.10. Loopeeze Ltd reserves the right to change the fees for any services at any time. We agree to notify you at least thirty (30) days in advance of any change in fees.
13.11. During the order process you will be passed to a third party payment services provider to complete payment. Any transaction made between yourself and that third party and will be subject to the terms of sale which they supply you. Upon receiving your order monies paid shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
14. Disclaimer of Liability
14.1. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.fablittlebag.com.au and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.fablittlebag.com.au’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
15. Linking to this Website
15.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
16. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
16.1. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.fablittlebag.com.au and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.fablittlebag.com.au.
17.1. You agree to indemnify, defend and hold harmless www.fablittlebag.com.au, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
18.1. www.fablittlebag.com.au shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
19.1. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
20.1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
21.1. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
22. Entire Agreement
22.1. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.fablittlebag.com.au. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.fablittlebag.com.au.