LOVE ISLAND AUSTRALIA SHOP TERMS & CONDITIONS
TERMS AND CONDITIONS
Please read these Terms carefully, as they affect Your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Store. If You do not agree to be bound by these Terms, You should stop using the Store immediately.
We may amend these Terms from time to time. Every time you wish to order a product via the Store, please check these Terms to ensure that you understand the Terms which will apply at that time.
These Terms were last updated on 14th October 2019.
“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
“User” means any third party that accesses the Store and is not either (i) employed by ITV Studios Australia and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to ITV Studios Australia and accessing the Store in connection with the provision of such services. Users may also be referred to as “You”, “Your” etc.;
“Store” means the website (loveislandshop.com.au) and any mobile applications (from time to time), operated by ITV Studios Australia, which provide access to view and purchase products related to the Programme;
“ITV Studios Australia / ITV” means ITV Studios Australia, trading as ITV Studios Australia, a company registered in Australia (ABN 91 088 957 706) with registered office at Fox Studios Australia, Level 5 Building 61, 38 Driver Ave, MOORE PARK NSW 2021. ITV Studios Australia may also be referred to as “Us”, “We”, “Our” etc.;
“Programme” means the television programme “Love Island Australia Season 2” produced by ITV Studios Australia;
“Love Island Apps” means the iOS and Android apps published by ITV on the Apple App Store and Google Play Store, and distributed free of charge.
- TERMS OF SALE
- To celebrate Season 2 of Love Island Australia, we are offering for sale personalised Love Island Bottles, Love Handle phone grips and Official Love Island Sunglasses through www.loveislandshop.com.au from 12.01am AEDST on 7 October 2019 (Offer Start Date) until the Expiry Date set out in item 2 below (Offer Period). The terms and conditions set out here (Sale Terms) apply to any purchase of a Bottle during the Offer Period (albeit that to the extent of any inconsistency between the Sale Terms and these terms, these terms will prevail)
- There will be a maximum of 30,000 personalised bottles, 3,000 Love Handles and 2,100 pairs of Sunglasses (the Products) made available to purchase between the Offer Start Date and the earlier to occur of:
- ITV electing to stop sales for any reason, in its absolute discretion; and
- the date on which stock runs out and all Products have been purchased.
- ITV reserves the right to reduce the number of Products by providing them as promotional gifts, giveaways or other similar items to third parties during the Offer Period, in its absolute discretion.
- If the Expiry Date occurs in accordance with item 2(a), then expiry of the Offer Period will not affect the purchase of any Product completed during the Offer Period on these terms and conditions.
- You must ensure that any name proposed to personalise a Bottle only contains letters (from the modern English alphabet) and is no longer than twelve (12) characters in length. ITV, in its absolute discretion, may refuse any name for inclusion on a Personalised Bottle, including but not limited to, if ITV deems the proposed name offensive, derogatory or otherwise inappropriate. Only names of actual people will be accepted. Names of organisations, brands or other commercial indicia will not be accepted.
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 for the purchase of the Products will not be formed until your payment has been approved by us and we have debited your credit or debit card. We will confirm this by sending you an e-mail confirmation.
If we are unable to supply you with a Product for any reason (for example, it is out of stock), we will inform you of this by e-mail and will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. Please note that products may vary slightly from the images displayed on the Store, which are for illustrative purposes only. Different devices display colours differently, and so the colour of the Products you order may vary slightly from the images you see on the screen, although we have made every effort to ensure that colours are displayed accurately.
If we discover an error in the price of any Products 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 Products, you will receive a full refund.
- Where applicable, prices are inclusive of GST. Delivery costs may be charged in addition; such additional charges are clearly stated where applicable and included in the ‘Total Cost’.
- Delivery times for personalised products may vary between 10 working days and 5 weeks according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or Events Outside of Our Control for which We will not be responsible.
- Orders will only be delivered to addresses in Australia and New Zealand. ITV accepts no responsibility should an order not be delivered as a result of an incorrect delivery address provided by you at the time of purchase. If you purchase a product and it is not delivered to you in accordance with these terms, ITV may offer you a refund for the product in full and final satisfaction of any claim you may otherwise have.
- Risk and title to the product passes to you on the date and time of delivery of the product to you.
- Personalised Products
- Personalised products (including without limitation Personalised Bottles) are eligible for a full refund only if they are faulty. We will require photographic or video evidence of fault for damaged items prior to issuing a refund or replacement for faulty or damaged goods.
- Please contact us and include an image or video of the damage and We will process a refund or replacement for you.
- Non-personalised products
- Non-personalised products (Sunglasses and Love Handles) that are unused/unopened can be returned to us for a refund within 30 days.
- The initial postage and packing charge, and any further costs incurred in returning the item is non-refundable.
- Please contact us to request a returns slip.
- Please return the item/s together with your returns slip and we will process the refund once we have received your item. We would recommend sending your item to us tracked or signed for and to always keep a confirmation of postage, as the returned item is your responsibility until it reaches us.
- Refunds may take up to 10 working days to reach your account. Please note that we are unable to offer exchanges.
- Damaged / Faulty products
- For damaged/faulty products, our Returns Policy is as follows:
- If you request a refund/exchange within 30 days of receiving the product, We will either send you a replacement, or refund your payment, depending on your preference. Refunds may take up to 10 working days from the date We issue them until they appear in your account. We may reduce your refund to reflect any reduction in the value of the product, if this has been caused by your handling in a way which would not be permitted in a shop. We will refund you the delivery cost for faulty goods;
- If you request a refund/exchange between 30 days and 6 months of receiving the product, We will send you a replacement item. If no suitable replacement is available, We will refund your payment;
If you request a refund/exchange beyond 3 months of receiving the product, then depending on the type of the product, you may be entitled to some money back if; a) you can prove that you didn’t cause the fault yourself and b) you can prove that the product has not lasted a reasonable length of time.
- Nothing in these terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, ITV (including its related corporations or their relevant officers, employees and agents) excludes all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the promotion and sale of the Bottles, including:
- any technical difficulties or equipment malfunction (whether or not under ITV’s control);
- any theft, unauthorised access or third party interference;
- any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by ITV) due to any reason beyond the reasonable control of ITV;
- any variation in the Bottle value to that stated in these terms;
- any tax liability incurred by any person in purchasing or receiving a Bottle; or
- use of the Bottle.
- INTELLECTUAL PROPERTY AND ACCEPTABLE USE
- All Content included on the Store, unless uploaded by Users, is the property of ITV. In these Terms, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Store, including any such content uploaded by Users.
- By continuing to use the Store you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Store shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Store without the owner's prior written permission.
- You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a device screen. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of ITV.
- PROHIBITED USE
- You may not use the Store for any of the following purposes:
- in any way which causes, or may cause, damage to the Store or interferes with any other person's use or enjoyment of the Store;
- sell, rent, or sub-license material from the Store or exploit material from the Store for a commercial purpose;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- Use of the Store may be subject to additional terms and conditions which will be notified to you before you begin using them.
- We reserve the right to restrict access to areas of our Store, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to bypass or circumvent, any access restriction measures on our Store.
- AVAILABILITY OF THE STORE AND DISCLAIMERS
- Any online facilities, tools, services or information that ITV makes available through the Store (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- ITV is under no obligation to update information on the Store.
- The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- Whilst ITV uses reasonable endeavours to ensure that the Store is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- ITV accepts no liability for any disruption or non-availability of the Store.
- ITV reserves the right to alter, suspend or discontinue any part (or the whole of) the Store including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Store unless it is expressly stated otherwise.
- LIMITATION OF LIABILITY
- We provide and maintain the Store on an “as is” basis, and will only be liable to provide the services and products with reasonable skill and care.
- We give no other warranty in connection with the Store or its content or any external sites (from time to time), and to the maximum extent permitted by law, We exclude liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which We have been made aware;
- the accuracy, currency or validity of information and material contained within any User generated content on the Store;
- any interruptions to or delays in updating the Store;
- any incorrect or inaccurate information on the Store;
- the infringement by any other person of any copyright or other intellectual property rights of any third party through any User content or use of the Store;
- the availability, quality, content or nature of external sites;
- any transaction taking place on external sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a User's computer equipment, software, data or other property caused by any other person accessing, using or downloading the website or any part of it, or any User content; and
- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.
- Nothing in these Terms will: (a) limit or exclude Our or Your liability for death or personal injury resulting from Our or Your negligence, as applicable; (b) limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of Our or Your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of Events Outside Our Control.
- To the maximum extent permitted by law, ITV accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- We do not warrant that the operation of the Store will be uninterrupted or error free.
- Except as provided herein, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
- ITV’s total aggregate liability in respect of these Terms is limited to the amount paid by the User to ITV within 12 months prior to the claim.
- You may not transfer any of Your rights under these Terms to any other person. We may transfer Our rights under these Terms where We reasonably believe Your rights will not be affected.
- These Terms may be varied by us from time to time. Such revised terms will apply to the Store from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
- If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- These Terms will be governed by and interpreted according to Australian law. All disputes arising under these Terms will be subject to the exclusive jurisdiction of the Australian courts.
- ITV STUDIOS AUSTRALIA DETAILS
- ITV STUDIOS AUSTRALIA is a company registered in Australia with ABN number 91 088 957 706 whose registered address is Fox Studios Australia, Level 5 Building 61, 38 Driver Ave, MOORE PARK NSW 2021 and it operates the Store within the Love Island App.
- You can contact ITV STUDIOS here.