The Bulalicious ethos is to promote all the very best of the Pacific. This not only relates to the themes of our collections but also our commitment to engaging with the best designers, utilising local highly-regarded models, promoting successful Pacific women as our ambassadors and showcasing Pacific photographers and artistic talents on a global stage.
Information about us
www.bulalicious.com is a site operated by Bulalicious Limited. Bulalicious Limted is registered in Fiji under License Number 2015-04114. Our postage address is PO Box NMK 519, Namaka, Nadi, Fiji Islands
Bulalicious, as a convenience to you, grants you access to www.bulalicious.com (this “Website“), conditional upon your acceptance and compliance with the terms, conditions and notices contained herein these “Terms and Conditions”
Acceptance of Terms
Please read these Terms and Conditions carefully.
By using this Website, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must exit the Website immediately and discontinue any use of this Website and any of their content. Your use of this Website shall be deemed to be your agreement to abide by each of the terms set forth below.
Revisions to these Terms and Conditions
Bulalicious may revise these Terms and Conditions at any time by amending this page or by sending registered users an email notice of the changes. You are expected to check this page from time to time to take notice of any changes Bulalicious has made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website.
If any modification is unacceptable to you, you shall cease using this Website. If you do not cease using this Website, you will be deemed to have accepted the change. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Bulalicious or its affiliates for other products or services.
Use and Restrictions
Access to this Website is permitted on a temporary basis, and Bulalicious reserves the right to withdraw or amend the service we provide on this Website without notice (see below). Bulalicious will not be liable if for any reason this Website is unavailable at any time or for any period.
This Website is provided solely as a convenience to you for non-commercial use. You may access and use this Website only in accordance with all applicable laws and regulations and with these Terms and Conditions.
You acknowledge and agree that Bulalicious, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of this Website.
You further agree that you will not:
(a)resell for commercial purposes products purchased through use of this Website;
(b)resell or make commercial use of this Website or Content therein;
(c)modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(d)collect or use any product listings or descriptions;
(e)use any data mining, robots, or similar data gathering and extraction methods from this Website;
(f)other than for your use of this Website as expressly permitted in these Terms and Conditions, access or attempt to access any systems or servers on which the Website are hosted or modify or alter this Website in any way;
(g)forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via this Website;
(h)use, frame or utilise framing techniques to enclose any Bulalicious trademark, logo or other proprietary information (including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page) without Bulalicious’s express written consent; or
(i)use any meta tags or any other “hidden text” utilising a Bulalicious name, trademark, or product name without Bulalicious’s express written consent.
Any unauthorised use of this Website will terminate the permission or license granted by these Terms and Conditions, will result in you being banned from use of this Website, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Intellectual Property Rights
The Content and this Website, as well as the selection and arrangement thereof, are the sole property of Bulalicious and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms and Conditions or with Bulalicious’ express written consent.
Other than as necessary for your use of this Website in accordance with these Terms and Conditions, Bulalicious grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Bulalicious’ licensors may be subject to additional restrictions.
Except as expressly provided in these Terms and Conditions, no part of this Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Bulalicious’ express prior written consent.
If you print off, copy or download any part of this Website in breach of these Terms and Conditions, your right to use this Website will cease immediately and you must, at Bulalicious’ option, return or destroy any copies of the materials you have made.
Bulalicious’ status (and that of any identified contributors) as the authors of material on this Website must always be acknowledged.
Your Account and Password
In order to purchase products or services through the use of this Website, you must establish an account with Bulalicious. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of this Website that occur under your account or your account password.
You acknowledge and agree that Bulalicious may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of this Website , and all information relating to the use of this Website under your account or account password if Bulalicious is required to do so by law or legal process or if Bulalicious determines, in its sole discretion, that such action is necessary to protect the rights of Bulalicious, third parties, and other users of this Website or for purposes of responding to your request for customer service.
Electronic Communications
You consent to receive electronic communications from Bulalicious either in the form of an email sent to you at the email address listed on your account or by communications posted on this Website. You acknowledge and agree that any electronic communication in the form of such email or posting on this Website shall satisfy any legal requirement that such communication be in writing.
Warranties and Disclaimer
This Website, Submissions and any content provided via this Website, including links, are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by law, Bulalicious disclaims all representations, warranties and conditions, express or implied, with respect to this Website, Submissions, the content and any products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorised code or programs, and implied warranties or conditions arising from course of dealing or course of performance. In addition, Bulalicious does not represent or warrant that the Website, Submissions, content or any products, services or any other information accessible via the site is secure, accurate, complete or current or that any particular products or inventory will be available. As a condition of your use of the Website, you warrant to Bulalicious that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. From time to time there may be information on this Website that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to revoke offers or correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologise for any inconvenience this may cause you.
Limitation of Liability
To the maximum extent permitted by law, Bulalicious hereby and exclude all liability for any damages (howsoever arising, including without limitation through contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of this Website and its contents. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. In no event shall Bulalicious or suppliers or their respective officers, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (ii) loss of profit, (iii) loss of business, (iv) loss of opportunity, (v) loss of contract, (vi) wasted management time or (vii) loss of data, in each case, incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, even if Bulalicious has been previously advised of the possibility of such damages, and in each case, howsoever arising (whether in contract, tort (including negligence), breach of statutory duty or otherwise) out of or in connection with your access to (or inability to access) or use of this Website and its contents.
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Collection of Your Information
Bulalicious may collect personal information in connection with your use of this Website or purchase of Bulalicious’ products and services.
Personal information collected by Bulalicious may include information provided in connection with the following activities:
- Registering or filling in forms on the Website. This includes information you may provide when you request additional information about Bulalicious’ products and services or sign up to receive Bulalicious’ e-mail newsletters;
- Registering an account;
- Purchasing any product or service from Bulalicious;
- Providing design or product feedback or making other submissions to Bulalicious;
- Requesting information or assistance from Bulalicious. Bulalicious may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications;
- Participating or responding to consumer survey or requests for consumers’ opinions, concerns, and preferences regarding Bulalicious’ products and services;
- Participating in consumer contests, sweepstakes and other promotions; and/or
- Using other features of the Website that may be offered from time to time, and may require such information in order to utilise the feature. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual that is provided by you to Bulalicious
- Bulalicious may also collect information that may not be personal information, including (but not limited to) the frequency of user visits to the Website, the routes by which users access the Website, use of any hyperlinks available on the Website. Bulalicious or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Website, the Website’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives._____________________
Terms and Conditions of Sale
These terms and conditions of sale (“Terms of Sale“) together with the documents expressly referred to on it tells you information about Bulalicious and the legal terms and conditions on which Bulalicious sell any of the products (“Products“) listed on our website (“Website“) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract“). Please read these Terms carefully and make sure that you understand them, before ordering any Products.
We encourage you to download and store these Terms of Sale if you purchase products from us.
Revisions to these Terms of Sale
We may revise these Terms of Sale from time to time in the following circumstances: (a) changes in how we accept payment from you; or (b) changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms of Sale in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms of Sale have been amended and the relevant date at the top of this page.
These Terms and Conditions were updated as of September 25, 2015.
Products Information
Availability
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
Colours and Packaging
The images of the Products on our Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our Products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Your Products may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our site.
Purchase of Products
Goods supplied are not for resale. Bulalicious are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card payment is approved by your credit card/debit card company.
How to Pay
You can only pay for Bulalicious Products using Paypal.
Price of products and shipping charges
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Shipping Confirmation.
The price of a Product does not include shipping charges.
Our liability
To the maximum extent permitted by the applicable law, when you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms of Sale shall be limited in respect of each claim, to the purchase price of your order.
If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control (“Event Outside Our Control”).
An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.
Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
Third Party Rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Waiver
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Miscellaneous
If any provision of these Terms of Sale is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
Bulalicious’ performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale or our Privacy Policy is in derogation of Bulalicious’ right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Bulalicious with respect to such use.
Entire Agreement
These Terms of Sale and the Terms and Conditions constitute the entire agreement between you and Bulalicious with respect to the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bulalicious with respect to the Websites.
Questions or Concerns
If you have any concerns about material which appears on our site, please contact us at: bula@bulalicious.com or in writing at:
Bulalicious Limited PO Box NMK 519, Namaka, Nadi, Fiji Islands
To contact Bulalicious, please see our Contact Us page.