TERMS OF SERVICE

Bunny & Co
Operated by Max & Frankie Pty Ltd

OVERVIEW

Welcome to Bunny & Co.

This website is operated by Bunny & Co, a trading name of Max & Frankie Pty Ltd ("Bunny & Co", "we", "us" or "our").

By accessing our website, browsing our products or placing an order, you agree to these Terms of Service, together with our Refund Policy, Shipping Policy and Privacy Policy, where applicable.

Please read these Terms carefully before purchasing.

These Terms apply to all visitors and customers using our website and services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law (ACL) or other applicable legislation.

We may update these Terms from time to time. Updated Terms will be published on our website and will generally apply to orders placed after the updated Terms take effect.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform through which we offer our products and services.

SECTION 1 – ELIGIBILITY AND WEBSITE USE

By placing an order, you confirm that you are legally capable of entering into a purchase agreement or have the necessary consent of a parent or legal guardian.

You agree to use our website lawfully and not engage in activities that interfere with its operation, security or functionality.

You must not use our website or services for fraudulent, misleading, unlawful or unauthorised purposes.

We may restrict access to our services where we have reasonable and lawful grounds to do so.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to decline service or refuse orders where reasonable and lawful grounds exist, including:

• Identified payment security concerns.

• Suspected fraudulent or unauthorised transactions.

• Inaccurate or misleading order information.

• Misuse of our website or services.

• Breaches of these Terms of Service.

• Product unavailability or circumstances preventing fulfilment.

Any decision to refuse or cancel an order will be made in accordance with applicable Australian law.

We may use third-party service providers to operate our website, process payments, assess transactions and fulfil orders.

You must not reproduce, distribute, commercially exploit or otherwise misuse our website content without prior written permission.

SECTION 3 – PRODUCT INFORMATION AND AVAILABILITY

We make reasonable efforts to ensure that product descriptions, photographs, pricing and availability information are accurate.

Colours may appear differently depending on individual screen settings, lighting and display technology.

As many Bunny & Co products are personalised or handmade, minor variations in embroidery placement, thread appearance and product presentation may occur.

These variations do not affect your rights under the Australian Consumer Law.

Products are subject to availability. We may discontinue products, update descriptions or change prices for future orders without prior notice.

If a product becomes unavailable after an order has been placed, we will contact you to discuss an appropriate alternative or refund.

SECTION 4 – PERSONALISED AND CUSTOM-MADE PRODUCTS

Bunny & Co specialises in personalised gifts, including embroidered products and custom-made items.

Customers are responsible for reviewing the personalisation information submitted at checkout, including names, spelling, dates, fonts, thread colours and other requested details.

We will generally produce personalised items using the information supplied in the order.

If you identify an error after placing your order, please contact us as soon as possible. We will endeavour to assist where production has not commenced, but changes cannot always be accommodated.

Once production has commenced, changes or cancellations requested due to a change of mind may not be possible.

Personalised products are not automatically eligible for a refund or replacement due solely to a change of mind or customer-submitted errors.

However, customers remain entitled to all applicable remedies under the Australian Consumer Law, including where goods are faulty, incorrectly supplied, unsafe or otherwise fail to meet applicable consumer guarantees.

Please refer to our Refund Policy for further information.

SECTION 5 – PRICING AND PAYMENT

All prices displayed on our website are in Australian dollars (AUD) and include GST where applicable, unless otherwise stated.

Shipping charges and optional services, including Priority Processing, are displayed during checkout.

Payment must be authorised through an accepted payment method before an order can proceed.

We use third-party payment providers, including Shopify Payments and other payment services made available at checkout.

A successful payment authorisation or confirmation does not prevent an order from undergoing additional security review.

We reserve the right to correct genuine pricing or processing errors, subject to applicable consumer law.

Where we cannot fulfil an order because of such an error, we will contact the customer and provide an appropriate remedy, including a refund where required.

SECTION 6 – PAYMENT SECURITY AND FRAUD PREVENTION

At Bunny & Co, we take payment security seriously.

To protect our customers and business, orders may be assessed using automated fraud prevention and transaction screening systems provided by our payment processing partners.

These systems may identify transactions that require additional verification or review.

Where reasonable payment security concerns are identified, Bunny & Co may:

• Temporarily place an order on hold.

• Request additional information to verify the transaction.

• Conduct a manual security review.

• Decline or cancel an order where reasonable security concerns remain.

A transaction may be subject to security review even where payment has been successfully authorised or processed.

For security reasons, we may be unable to disclose specific fraud indicators, screening methods, security criteria or confidential information associated with a transaction.

A security-related review or cancellation does not necessarily indicate fraudulent activity or wrongdoing by the customer.

Where Bunny & Co cancels an order for payment security reasons before fulfilment, we will issue a full refund of the amount paid, including applicable shipping and Priority Processing charges, to the original payment method.

Refund processing times may vary depending on the payment provider or financial institution.

All decisions will be made in accordance with applicable Australian law and consumer rights.

SECTION 7 – ORDER ACCEPTANCE AND CANCELLATIONS

After placing an order, customers will ordinarily receive an automated order confirmation.

Receipt of an order confirmation does not remove our ability to review or cancel an order where lawful grounds exist.

Bunny & Co may cancel an order where:

• Reasonable payment security concerns remain unresolved.

• Payment cannot be authorised or verified.

• A product is unavailable.

• Incorrect or incomplete information prevents fulfilment.

• A genuine pricing or technical error affects the transaction.

• Fulfilment would breach applicable law.

• Other reasonable and lawful circumstances prevent us from completing the order.

Where we cancel an order before fulfilment, we will notify the customer using the contact details provided and refund any payment received for the cancelled order.

Customers wishing to cancel an order should contact us as soon as possible.

Cancellation requests for personalised products may not be possible once production has commenced.

Nothing in this section limits a customer's rights under the Australian Consumer Law.

SECTION 8 – PRIORITY PROCESSING

Bunny & Co may offer an optional Priority Processing service for an additional fee.

Priority Processing provides expedited handling in accordance with the eligibility requirements, order cut-off times and service description displayed at the time of purchase.

Priority Processing does not override payment security reviews, product availability or circumstances outside our reasonable control.

Orders requiring additional security verification may be placed on hold regardless of whether Priority Processing has been purchased.

Where Bunny & Co cancels an order before fulfilment, any Priority Processing fee paid will also be refunded.

If we fail to provide a purchased Priority Processing service, customers may be entitled to an appropriate remedy under the Australian Consumer Law.

Priority Processing does not guarantee a particular delivery date unless expressly stated.

SECTION 9 – SHIPPING, DELIVERY AND COLLECTION

Shipping and delivery options, costs and estimated timeframes are provided on our website or at checkout.

Delivery timeframes may be estimates unless expressly guaranteed.

Bunny & Co offers delivery and collection services subject to availability, location and the conditions displayed at checkout.

Customers are responsible for providing accurate delivery information.

If an incorrect address is supplied, additional costs may apply where reasonable and lawful.

We are not responsible for delays caused by events outside our reasonable control, but this does not exclude our obligations or customers' rights under the Australian Consumer Law.

Please refer to our Shipping Policy for further details.

SECTION 10 – RETURNS, REFUNDS AND CONSUMER GUARANTEES

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where a product fails to meet an applicable consumer guarantee, customers may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.

For a major failure, customers may be entitled to choose a refund or replacement.

For a failure that is not major, Bunny & Co may be entitled to provide a remedy within a reasonable time.

Personalised products are not excluded from Australian Consumer Law protections.

We are not generally required to provide refunds for change-of-mind purchases, but any additional rights offered under our published Refund Policy will be honoured.

Nothing in these Terms limits or overrides statutory consumer guarantees.

Please refer to our Refund Policy for further details.

SECTION 11 – CUSTOMER ACCOUNTS AND ORDER INFORMATION

Customers agree to provide accurate and current information when placing orders.

This includes contact information, billing information, delivery addresses and personalisation details.

We may contact customers to clarify order information or verify transactions where reasonably necessary.

Customers are responsible for maintaining the confidentiality of their account login details.

If you believe your account or payment information has been used without authorisation, please contact us promptly.

SECTION 12 – INTELLECTUAL PROPERTY

Unless otherwise stated, website content, branding, original photography, product descriptions, graphics and other materials created or owned by Bunny & Co are protected by applicable intellectual property laws.

You must not reproduce, distribute or commercially exploit our original content without permission.

Third-party trademarks, designs and product imagery remain the property of their respective owners.

SECTION 13 – THIRD-PARTY SERVICES AND LINKS

Our website may contain links to external websites or use services provided by third parties.

These may include payment providers, delivery providers and other e-commerce service providers.

Third-party websites may operate under their own terms and privacy policies.

Bunny & Co is not responsible for the independent content or practices of unrelated third-party websites.

However, nothing in this section excludes any responsibility we have under applicable law for goods or services supplied by Bunny & Co.

SECTION 14 – CUSTOMER REVIEWS AND SUBMISSIONS

Customers may choose to submit reviews, photographs, feedback or other content to Bunny & Co.

By submitting content for publication, you confirm that you have the right to provide it and that it does not infringe the rights of others.

Where you expressly provide content for publication or promotional use, you grant Bunny & Co a non-exclusive permission to use that content for the agreed purpose.

We may moderate or remove reviews or submissions that are unlawful, misleading, abusive, fraudulent or otherwise breach applicable law or reasonable website standards.

We will not knowingly alter reviews in a way that misrepresents genuine customer experiences.

Personal information contained in submissions will be handled in accordance with our Privacy Policy.

SECTION 15 – PRIVACY AND PERSONAL INFORMATION

We collect, use and disclose personal information as described in our Privacy Policy and in accordance with applicable privacy laws.

Personal information may be used for order processing, customer service, payment verification, fraud prevention and other purposes described in our Privacy Policy.

Certain information may be processed by third-party service providers, including Shopify and payment processing partners.

Please refer to our Privacy Policy for information about how personal information is handled and how privacy enquiries may be made.

SECTION 16 – PROHIBITED ACTIVITIES

Customers and website visitors must not:

• Use our website for unlawful or fraudulent purposes.

• Submit deliberately false or misleading information.

• Attempt to interfere with website security.

• Access customer information without authorisation.

• Introduce malicious software or harmful code.

• Use automated systems in ways that disrupt website operation.

• Infringe intellectual property rights.

• Engage in threatening, abusive or unlawful conduct towards our staff or other customers.

We may take reasonable and lawful action where these conditions are breached, including restricting website access or declining future transactions.

SECTION 17 – LIMITATION OF LIABILITY

To the extent permitted by law, Bunny & Co is not liable for losses arising from circumstances outside our reasonable control or from misuse of our website or services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded.

Where liability may lawfully be limited, any limitation will apply only to the extent permitted by applicable law.

We do not seek to exclude liability for conduct or losses for which liability cannot lawfully be excluded.

SECTION 18 – CUSTOMER COMPLAINTS AND DISPUTE RESOLUTION

Bunny & Co is committed to handling customer concerns fairly and professionally.

Customers wishing to raise a complaint should contact us at:

info@bunnyandco.com.au

Complaints are reviewed by our management team.

We may request relevant information to assist with reviewing a complaint and will endeavour to provide a response within a reasonable timeframe.

Where a complaint relates to payment security, we may be unable to disclose confidential fraud prevention criteria or third-party security information.

Customers remain entitled to seek assistance from relevant consumer protection authorities or pursue any rights and remedies available under Australian law.

SECTION 19 – TERMINATION AND RESTRICTION OF SERVICES

We may suspend or restrict access to our services where reasonable and lawful grounds exist, including serious breaches of these Terms, suspected misuse or unresolved payment security concerns.

Any termination or restriction will be subject to applicable law and will not remove existing consumer rights or obligations.

Where an order is cancelled, any refund obligations will continue to apply.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be treated as severed to the extent necessary.

The remaining provisions will continue to operate where legally permissible.

SECTION 21 – GOVERNING LAW

These Terms of Service are governed by the laws of Western Australia, Australia.

Nothing in these Terms limits rights or remedies available under the Australian Consumer Law or other applicable legislation.

SECTION 22 – CHANGES TO TERMS OF SERVICE

We may update these Terms to reflect changes in our business operations, legal requirements or services.

The latest version will be available on our website.

Updated Terms will generally apply to orders placed after their effective date and will not retrospectively remove rights arising under an existing purchase agreement.

SECTION 23 – CONTACT INFORMATION

For enquiries about these Terms of Service, please contact:

Bunny & Co
Operated by Max & Frankie Pty Ltd
Email: info@bunnyandco.com.au
Location: Perth, Western Australia
ABN: 53 687 220 668

Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable legislation.