GENERAL
All contracts and dealings between Cheeky Wawa Pty Ltd (ABN 48640764791) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Cheeky Wawa’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Cheeky Wawa to the Customer through the website cheekywawa.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Cheeky Wawa from time to time.
VARIATION
Cheeky Wawa has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
ACCESS
Access to the Website is permitted on a temporary basis, and Cheeky Wawa reserves the right to withdraw or amend the Services without notice. Cheeky Wawa will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Cheeky Wawa may restrict access to some parts or all of the Website without notice.
PRIVACY POLICY
The Customer can access Cheeky Wawa’s privacy policy here.
INTELLECTUAL PROPERTY
All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Cheeky Wawa
The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Cheeky Wawa. Such consent may be withheld by Cheeky Wawa at its absolute discretion.
The Customer must not remove any copyright or trademark notices from the content found on the Website.
Cheeky Wawa makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Cheeky Wawa with respect to the supply of the Goods in accordance with these Terms.
All Orders are subject to availability of the Goods and confirmation of the Order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Cheeky Wawa will not be responsible.
The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
In order to contract with Cheeky Wawa the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Cheeky Wawa.
Cheeky Wawa reserves the right to accept or reject an Order for any reason at any time.
When placing an Order the Customer undertakes that all details that are provided to Cheeky Wawa are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
Cheeky Wawa reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 48 hours, your order will be canceled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be canceled and refunded.
PRICE
The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
Cheeky Wawa reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
Cheeky Wawa will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
CANCELLATION, REFUND & EXCHANGE POLICY
Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Tiger Mist. The Customer will, however, be able to return Goods in accordance with Cheeky Wawa’s returns policy.
Cheeky Wawa may accept returns within 14 days for Australian customers and 30 days for international customers from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
Goods for return must be posted at the Customer’s expense.
The Customer must include their order confirmation email & completed returns form within their return parcel.
Any Goods which Cheeky Wawa has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Cheeky Wawa.
Due to health reasons, makeup, swimwear, intimates, hair accessories and jewellery cannot be returned unless deemed faulty or wrongly described as defined under the Australian Consumer Law.
Upon accepting the goods, Cheeky Wawa will issue the customer with an online credit note or cancellation of the Customer's Afterpay payment plan , Zipmoney , or Zipay(if payment method was Afterpay , Zipmoney or Zipay).
Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note.
DAMAGED & FAULTY GOODS
All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
If the Customer discovers that a Good is faulty or damaged, the Customer must notify Cheeky Wawa within 14 days of purchase or within a reasonable timeframe thereafter either by contacting Tiger Mist via the process outlined on the Returns page online.
If Cheeky Wawa inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair or replacement (for a minor fault) or a refund, repair or replacement (a major fault). The Australian Consumer Law Guarantees outline the difference between the two. See here for more information.
Cheeky Wawa will cover the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
Customers are liable for any delivery costs if the Good is found not to be faulty.
DELIVERY
Any period or date for delivery of Goods stated by Cheeky Wawa is intended as an estimate only and is not a contractual commitment. Cheeky Wawa will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
Cheeky Wawa reserves the right to amend delivery methods without notice.
DELIVERY - AUSTRALIA
All deliveries of Goods purchased by the Customer will be made by registered courier (Star Track) and are delivered with authority to leave (‘ATL’) without requiring a signature when no one is in attendance at the delivery address.
If the Customer believes their nominated delivery address will be unattended at the time of delivery, Cheeky Wawa suggests nominating an address that the Customer knows will be attended during regular business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful by Star Track) or a card will be left with details as to where the Customer can collect the Goods. At this time the Goods will be deemed delivered (‘Successful Delivery’). •
Cheeky Wawa will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and Cheeky Wawa will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
Cheeky Wawa will use reasonable endeavours to dispatch all Orders received on the next business day. Estimated delivery time depends on the Customer’s location. Shipping times on the shipping information page are to be taken as an estimate only.
Delivery of Orders placed on a weekend or public holiday will not be processed until the following 1-2 business days.
Cheeky Wawa does not deliver Orders to Post Office boxes or Parcel Lockers.
DELIVERY - INTERNATIONAL
International deliveries will be made by UPS Express or Registered Post or Pack & Track (via Sendle).
Estimated delivery time for international orders varies depending on location.
In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact Cheeky Wawa.
International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Cheeky Wawa has no control over the import fee charged and will not be responsible for the payment of any duties or taxes.
In accordance with Australian export regulations, customs require Cheeky Wawa to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
Where taxes and duties are refused to be paid by a Customer and a parcel is returned to Cheeky Wawa, the Order will be refunded (less any shipping costs paid) if a successful delivery is made to Cheeky Wawa and the customer will be blocked from placing any subsequent orders on the Cheeky Wawa website.
PRE-ORDER ITEMS
A Pre-Order is the term used when a Good is currently unavailable for immediate shipment and is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items that are not able to be cancelled once placed.
LIMITATION OF LIABILITY & INDEMNITY
The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Cheeky Wawa makes no warranties or other representations in relation to the supply of Goods. Cheeky Wawa’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Cheeky Wawa, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
Cheeky Wawa does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Cheeky Wawa against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Cheeky Wawa retakes possession of the Goods in accordance with clause 9.
LINKING TO THIS WEBSITE
The Website may provide links to websites and access to content from third parties, including users and affiliates of Cheeky Wawa.
The Customer agrees that Cheeky Wawa is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
To the fullest extent permitted by law in no way will Cheeky Wawa, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
WAIVER
The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
FORCE MAJEURE
If the performance of Cheeky Wawa’s obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Cheeky Wawa , Cheeky Wawa will not be liable for any loss or damage suffered by the Customer or any other person and Cheeky Wawa will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW & JURISDICTION
These Terms contained herein shall be governed by the laws of Victoria, Australia and the Customer submits to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
SEVERABILITY
The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.