Acceptance of Terms of Use

Please read the Terms of Use carefully before you use the Site. By accepting the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. Welcome to the Site of foreverdolls.com.au, operated by Mayem Enterprises Pty Ltd T/A Forever Dolls (the “Company”, “we”, “us” or “Forever Dolls”). The following terms and conditions (collectively, these “Terms of Use”), govern your access to and use of forever.com.au, including without limitation our stand alone and monthly products (collectively, the “Services”), and include any content, functionality and services offered on or through Forever Dolls (the “Site”),

By purchasing a Forever Dolls service you accept and agree to be bound and abide by these Terms of Use.

By accessing, subscribing to Forever Dolls, or using any Forever Dolls operated Site or mobile application (or any content, service), (collectively, the “site”), you agree to abide and be bound by the terms described herein.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

Online Purchases and Terms of Sale

To subscribe to any of our subscriptions you are required to enter personal information. All of this information is subject to our Privacy Policy. www.foreverdolls.com.au/privacy-policy/

Eligibility: This Site is for users who are 18 years of age or older. By agreeing to the Terms of Use, you warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

Registration: You are not required to create an account in order to purchase from our Site but it is recommended.

Subscribing: By subscribing you agree to pay your subscription fee for the goods that are delivered for the term agreed by both parties.

Any introductory discount applied on the 6 or 12 month subscription means your first month is an introductory promo box. It also means you have a minimum of another 6 or 12 payments due on your commitment term before you can cancel.

Generally all of our introductory discounts and offers are only applied on the 6 or 12 month subscription. This will be made clear on our checkout process when you select your subscription length. If an offer is available on the 1 month subscription it will be stated there. If no offer is stated there, the offers do not apply to that subscription.

Subscription Renewal: By signing up to a Forever Dolls subscription you understand and agree you will be charged at the standard rate and that any promotional codes used as a new customer at signup do not transfer or apply to your renewal fee. The Company do not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You understand and agree that you will be automatically billed after your current subscription of 1, 3, 6 or 12 months expires unless the subscription is ‘set to cancel’ before your final payment date in your initial commitment.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.

IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

Cancellation: We will be sad to see you go, but you can turn off your auto renewal at any time. If you have committed for a longer subscription and have boxes left to receive you will be charged for, and will be shipped the remaining boxes. Then upon completion of your original commitment your subscription will automatically be cancelled.

E.G If you sign up for a 12 month subscription and have paid for 8 boxes you will be charged for another 4 before your subscription finishes. This does not initiate any kind of refund if you fail to cancel before the renewal date.

Your subscription is continuous until you cancel and, if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period.

By Forever Dolls stating you can cancel at anytime this directly refers to the renewal and not your commitment term.

Any discounts given on the first month of a new subscription are applied on the assumption you stay subscribed for the entire initial commitment period. If you request to cancel before the end of the initial commitment you no longer qualify for any discount on any boxes and must pay the one month rate for any box you received a discount on.

Forever Dolls does not offer a ‘free trial’ unless stated. You can only cancel after the first box if you select a month to month flexible subscription. A 6 Month or 12 month subscription is different and you have agreed to stay for the entire subscription period. This policy protects the company from abuse of our discount systems given to new members who want to join up on a new subscription. If you agree to a 6 month or 12 month subscription you need to stay for the full commitment period. Flexible month to month subscriptions can be cancelled at any point.

Forever Dolls discounts are one per household.

Forever Dolls is a subscription service, by signing up you agree it is your responsibility to cancel your own subscription by logging into your account profile. The Company does not accept responsibility to cancel your account on your behalf.  It is up to the customer alone to cancel the subscription. Cancellations must be completed before the next renewal date. Your subscription will renew on the same date of the month that you signed up after your commitment period ends e.g. you sign up for 6 months on the 5th of February your membership will automatically renew on August 5th.

You must cancel your subscription 24 hours before the renewal date. IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SERVICE AND YOU WILL RECEIVE A SUBSCRIPTION BOX.  All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month.

Missing Boxes All customers can request a replacement or refund for a missing box within 30 days of the cut-off period (the 5th of each month).

Billing and Payments: You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a six month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

Prepaid credit / debit cards are not accepted.

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.

Your Personal Data: Your security is paramount to us. We use a reputable third party, Paypal, to process all payments, and you agree that we can store your information with this party. You also acknowledge that we will not be held responsible for any third party security breaches.

Shipping: Our listed prices include shipping fees and tax unless otherwise stated. All orders placed on our website are subject to availability. Products will be shipped according to our Site shipping terms.

Loss of Goods: Our ‘Picking & Shipping’ delivery company is responsible for the delivery of all goods ordered. Please track your order online with the tracking number provided. All of this information will be sent to you by email once you have subscribed.

Return / Refund Policy: All sales and subscriptions made on our Site are considered final. The Company has a return policy in line with distance selling laws, if there is a problem or defect with any product delivered by Forever Dolls we will do our utmost to rectify the problem, if your child ‘does not like’ the product, then the product can be returned at the customers expense, as stated by distance selling laws. Products must be returned unopened, unused and intact. If the products have been opened/used we will not accept a return or offer any refund, by subscribing you agree to these terms. Please refer to our FAQ page, or you can contact customer service using hello@foreverdolls.com.au

Correspondence: We send e-mail correspondence and newsletters following orders and registration by members. You can opt out of these at anytime.

Pricing/Errors: Product prices and product availability are subject to change without notice. We may cancel any offer and reserve the right to correct errors, including after an order has been submitted, whether or not your credit/debit card has been charged. If your credit/debit card has already been charged and your order is cancelled, the Company will issue a refund to your credit/debit card account in the amount of the charge. You accept that your subscription being ‘auto renewed’ on the date advised at sign up is not considered an error liable for refund.

Order Acceptance/Confirmation: We reserve the right at any time after receipt of your order to accept or decline your order. The Company reserves the right to decline sales to any party.

Warranty: You are responsible for deciding if the products you receive are suitable for your child (including choking and all other hazards). You agree that the sole solution for any damage arising from using our products will be credited towards your next subscription as decided by Forever Dolls We will not offer any compensation under any circumstance.

Site and Contents Ownership

The Site is owned by Mayem Enterprises Pty Ltd. All of the content displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“Mayem Enterprises Pty Ltd “) its licensors or its third-party image partners. All elements of the Site, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

All content is intended for customers of Forever Dolls. You may not use the Site or for any purpose not related to your business with Forever Dolls. You are prohibited from: (a) copying or re-transmitting any or all of the Site or content without a written agreement from Forever Dolls; (b) using any data mining, robots or similar data gathering or extraction methods; (c) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Forever Dolls. product or service if you are not authorized to do so; (d) modifying any part of the Site or Forever Dolls. (e) disabling or interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing or leasing any content without specific written authorisation from Forever Dolls; and (g) using the Site other than for its intended purpose. (h) Additionally, you agree not to use the Site or contents in any manner that could damage the reputation of the company.

Interactive Services or Areas

By using any Interactive Areas, you agree not to upload or create or otherwise publish through the Site any of the following: a. Any data, information, text, music, sound, comment, photos, graphics, code or other material (“User Content”) that is defamatory, obscene, pornographic, harmful to minors, indecent, lewd, unlawful, invasive of privacy or publicity rights or abusive; b. Viruses, corrupted data or other harmful, disruptive or destructive files; and c. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

Registration Data and Account Security

By using the Site or subscribing to Forever Dolls you agree to: (a) provide accurate information about you on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company; (c) maintain the security of your password; (d) notify us immediately of any breach of security connected with your account; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the data and any other information you provide.

Indemnification

You agree to defend, Forever Dolls affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) issues arising out of or related to anything connected to the contents of your Forever Dolls services.

You also agree to defend, indemnify and hold harmless Forever Dolls, its affiliates, licensers, subsidiaries, independent contractors, investors, employees, agents, third party information providers and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to anything related to User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Forever Dolls Content, or your violation of any rights of another.

Disclaimer

Forever Dolls will not be liable for any damages of any kind arising from contents contained within your Forever Dolls service (including but not limited to, personal injury, pain and suffering, emotional distress, choking, medical complaints, death or injury to any animal or person). Children must be monitored at all times when using small toys and should always be supervised. Our products are only intended for children over the age of 3. You accept responsibility to keep the contents away from small children.

Forever Dolls will not be liable for any damages of any kind arising from the use of the site or content, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. We make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.

Limitation of Liability

In no event shall Forever Dolls, its directors, investors, employees or agents be liable for any direct, indirect or consequential damages, or any other damages of any kind, including but not limited to death, illness, medical complaints, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, our products, the services, Forever Dolls Content or the materials contained in or accessed through the site, including without limitation any damages caused by mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Forever Dolls records, programmes or services. You agree total cumulative liability shall not exceed the amount paid to Forever Dolls for that calendar month in question.

Australian law shall apply to these Terms, and the parties agree to submit all disputes between them to the exclusive jurisdiction of the Australian courts.

Termination

Forever Dolls reserve the right, without notice and in its sole discretion, to terminate your account/subscription and/or to block your use of the Site.

Changes to Site Terms

Forever Dolls reserve the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site.