Terms of Sale

terms and conditions
1 Acceptance of Terms and Conditions
(a) These Terms and Conditions govern the use of the jonny. website (Website) and the purchase of jonny. products.
(b) By purchasing any products via the Website, or accessing or using the Website,you agree to these Terms and Conditions which constitute a legally binding agreement between you and BSB Global Holdings Pty. Ltd. ACN 612 464 267 trading as ‘jonny.’ (we, us or jonny.).
(c) If you do not agree with these Terms and Conditions (including any amendments to these terms) you must immediately cease using the Website. Any amendments to these Terms and Conditions will not apply to any orders made prior to the time the Terms and Conditions were amended.
(d) If you purchase products via the Website, you confirm that you have the required legal capacity to enter into this agreement.

2 Pricing and product details
(a) Prices and specifications for products on our Website are subject to change from time to time.
(b) If you wish to order a sold out product, or if you are unable to purchase the quantity you would like to, please contact us at begood@jonny.com.au.

3 Orders
(a) When you make an order, you are offering to enter into an agreement to purchase the relevant products set out in your order.
(b) jonny. may cancel an order prior to dispatch of the products, provided that we provide you with a full refund as soon as possible. We will notify you if we cancel any order.
(c) You will receive an order confirmation email shortly following your order.
(d) Once you place an order through the Website, you cannot change that order unless we agree in writing that you may do so

4 Payment for orders
(a) You must pay for the products in full, including any applicable delivery costs, at the time of placing an order through the Website.
(b) Payment will be processed by either PayPal or Stripe for single orders, and by ReCharge for subscriptions.

5 Subscriptions
(a) Payment for subscriptions will be processed, and subscriptions will be managed, by ReCharge.
(b) You may, at our sole discretion, receive an email reminding you about your subscription three days before each order is due to be dispatched.
(c) You may cancel your subscription by providing written notice to us no more thanthree days after receiving your reminder email for that order.
(d) You may reschedule the delivery date of a specific order through your ReCharge account anytime prior to, or within three days of receiving, the reminder email for that order.
(e) If you do not provide written notice to us prior to, or within three days of, receiving your reminder email for an order that you would like to cancel your subscription:
(i) you will still receive, and be charged for, the order that is the subject of that reminder email (Last Order);
(ii) your subscription will be cancelled after the Last Order.

6 Delivery
(a) We will use our best endeavours to ensure your jonny. products are delivered safely and promptly.
(b) The applicable delivery fees are payable at the time of your order, and will be added to your online order.
(c) Your jonny. products will be considered to have been delivered in good condition and accepted by you unless you notify us within a reasonable time after delivery of any issues with the delivered products.
(d) You must provide us with a valid delivery address. You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address.
(e) We will engage a third party to deliver products. Accordingly, the delivery times for products will be impacted by shipping and other factors outside of jonny.’s control.
(f) Title and risk in the products transfers to you once we dispatch the goods to the third party delivering your jonny. products. Subject to any Non-Excludable Rights (defined below), we are not responsible for damage to products in transit, and recommend you seek insurance if you are concerned by the risk of damage during transit.
(g) Our products are sold and shipped within Australia. Please contact us at begood.com.au for international shipping queries.

7 Australian Consumer Law and our liability
(a) You have rights and remedies arising under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or under any other law that cannot be excluded, restricted or modified by agreement of the parties Non-Excludable Rights.
(c) Subject to clauses 7(a) and 7(b), and to the maximum extent permitted by law, we exclude any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage.
(d) Except in respect of the Non-Excludable Rights, we exclude any liability to you for consequential loss you may suffer or incur if we breach these Terms and Conditions or which may arise from our negligence (where consequential loss includes indirect loss, loss of profit, loss of revenue, loss of data, losses arising from claims by third parties, loss of reputation and loss of opportunity).
(e) Except in relation to the Non-Excludable Rights, our maximum aggregate liability to you if we breach these Terms and Conditions or for our negligence is limited to the total amount of the order to which the breach directly relates.Our liability is not limited in relation to any exercise of your Non-Excludable Rights.

8 Returns and refunds
(a) If you receive the wrong product, or believe you are entitled to a remedy in accordance with any Non-Excludable Rights (including, but not limited to, the Australian Consumer Law), please contact us directly on begood@jonny.com.au with details of the issue and we will address your concern.
(b) For valid claims under the Australian Consumer Law, and exchanges if you receive the wrong products, the postage costs to return the products to us will be paid by jonny.
(c) Except where your claim is covered by a guarantee under your Non Excludable Rights, returned products should be returned in the original unopened packaging and not be tampered with.
(d) We do not offer refunds or exchanges if you change your mind.
(e) For public health and safety reasons, given the nature of our products, please do not return any used products. If you believe you are entitled to a remedy under the Australian Consumer law in relation to a used product, please contact us directly on begood@jonny.com.au.
(f) You must read the instructions that accompany, and relate to, your jonny. products. Each jonny. product (including, but not limited to, condoms) may not fulfil the intended purpose if it is not used correctly in accordance with the accompanying instructions.
(g) Safely using jonny. products is important. If you are not sure about how to correctly use your jonny. product in accordance with the instructions, please contact us on at begood@jonny.com.au for assistance.

9 Website Terms
(a) The copyright and all other intellectual property rights in all materials (including photos) included in the Website are either owned by us, or licensed to us, and all rights in those materials are reserved. You must not modify, copy, adapt, publish, reproduce or distribute those materials.
(b) You must not do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website, or upload or permit any virus or malicious code to adversely affect the Website or any associated equipment or data.
(c) The Website may contain links to other websites and may display content or information (including advertisements) from other websites within frames on the Website. We are not responsible or liable for that content and do not warrant the accuracy, completeness, currency or suitability of that content for any purpose.
(d) Without limiting any rights and remedies you may have under any Non Excludable Rights:
(i) to the maximum extent permitted by law, we exclude all warranties, representations and implied terms about the currency, accuracy, suitability, functionality or reliability of the Website and its content;
(ii) we do not warrant that the Website or any of its functions will be uninterrupted or error free or that it will be or free of viruses or malicious code.

10 Communications and marketing
(a) By placing an order for jonny. products, or signing up to receive the j-spot communication you agree:
(i) to be bound by our Privacy Policy. Our Privacy Policy can be accessed here [include hyperlink to Privacy Policy]; and
(ii) we may contact you via the contact details you provide to us (including via a third party provider).
(b) With your consent or where permitted by law, we may also contact you from time to time with marketing information regarding our products. If you wish to unsubscribe from receiving such marketing materials, please use the ‘unsubscribe’ or ‘opt out’ option provided in the relevant communication, or contact us at begood@jonny.com.au.

11 Governing law
These Terms and Conditions will be governed and construed in accordance with the law in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of competent jurisdiction in the state of Victoria, Australia, and any courts that may hear appeals from those courts about any proceeding in connection with these terms and conditions.