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Date Posted:20 August 2020
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1. General conditions of use of the website
A warm welcome to the BERNINA Australia Online Store website. To keep our website attractive, informative and secure for all users at all times, we have established some basic rules. As a user of our website, we kindly ask you to read the following legal notices carefully. By accessing and using this website, you consent to these Terms and Conditions of Use. If you do not consent to these Terms and Conditions of Use, please do not use our website.
The operator of this website and publisher of these Terms and Conditions of Use is Bernina Australia Pty Limited, 10/15 Carrington Road, Castle Hill, NSW 2154 or PO Box 268 Castle Hill, NSW 1765 ("BERNINA AUSTRALIA", "we", "us", "our").
The Terms and Conditions of Use of the website and the legal requirements on privacy and data protection are adapted, supplemented or amended from time to time. Each time you access or visit the website, the versions accessible at that time apply. Please visit this page every time you visit the site to view the latest Terms and Conditions of Use.
2. Copyright and trademark protection
This website, the content elements it contains, such as information, texts, images, photographs, designs and all other data files in our website are protected by law. Unless otherwise stated, they are subject to copyright, trademark protection or other rights of Bernina International AG or its subsidiaries and affiliates or licensors. No rights of any kind are transferred to you by downloading, copying, translation or processing in other media - e.g. on your own website or in a database. BERNINA, bernette, bernina.com and berninausa.com are registered trademarks of Bernina International AG.
The content is freely available for browsing purposes only. If content is reproduced in full or in part in any form – electronic or in writing – for personal and non-commercial use, the source must be cited by name and all existing copyright and other proprietary notices must be observed.
Any use, reproduction, copying etc. of our website, in whole or in part, for any commercial or non-personal purpose is only permissible with the prior written consent of BERNINA Australia Pty Limited.
3. No liability for third-party websites
BERNINA Australia's Online Store also contains links (hyperlinks) to Internet websites created and maintained by third parties. Bernina Australia has no influence or control over these third-party websites.
The hyperlinks on the website serve exclusively to facilitate navigation for the user of the Bernina Australia website. By including hyperlinks, Bernina Australia is simply facilitating access to these websites and assumes no responsibility whatsoever for their content. In particular, Bernina Australia does not endorse the contents of the websites accessible by hyperlink. Only the owners of the linked sites are responsible for their content and for any products offered there and the ordering of said products.
By using this website you agree that Bernina Australia is also not liable for any legally prohibited statements or representations on the websites referenced by hyperlink. In particular, Bernina Australia assumes no liability for infringement of copyrights, trademark rights or personal rights by the contents of these websites.
4. Purpose and content of this website
This website contains general information, promotional material and descriptions of BERNINA, bernette & other products. The information and images it contains represent examples of BERNINA & bernette product ranges.
Online Store
All e-commerce offers are non-binding.
The BERNINA Australia Online Store is operated and maintained by Bernina Australia Pty Limited for all Australian resident purchases only excluding Western Australian residents.
All e-commerce contracts for the sale of BERNINA & bernette products are entered into with Bernina Australia.
All claims for refund, exchange, replacement or repairs are to be dealt with by Bernina Australia or by a local authorised BERNINA/bernette Australia dealer who will handle your enquiry in an appropriate manner.
Bernina Australia does not warrant that all the products mentioned on the website are available. Some of the accessories mentioned are optional. Bernina Australia can provide you with details of the BERNINA & bernette products available.
5. No guarantee
Bernina Australia takes all reasonable measures to ensure the accuracy of the information on this website. However, Bernina Australia is unable to provide any assurances or guarantees as to its timeliness, completeness or correctness, or with regard to its functionality, links or contents. In particular, Bernina Australia can neither give an assurance nor warrant that by using the website, no rights of third parties not owned by Bernina International AG will be infringed.
6. Limitation of liability and disclaimer
All the information, pages and functions of this website provided may be suspended temporarily or discontinued completely by Bernina Australia. The company is in no way legally responsible or liable for any temporary or permanent interruption or suspension of information, pages or functions of this website.
To the extent permitted by law, Bernina International and its Group companies including Bernina Australia assume no liability or legal responsibility for damage, defects or losses, in particular compensation claims for direct, indirect, consequential or subsequent damage, loss of profit, loss of use or data corruption or loss incurred by you or a third party arising in connection with this website. Bernina International and its Group companies including Bernina Australia is not liable under any circumstances for illegal content stored by the user or its improper use by him/her or for the loss of data or the presence of viruses or other harmful components. This limitation of liability applies irrespective of the legal basis of the liability.
7. Privacy
The protection of your privacy is important to us. Information about how we handle your data can be found in our Privacy Policy, which is subject to these Terms and Conditions of Use.
8. Other provisions
If the individual provisions or parts of these Terms and Conditions of Use should prove to be invalid or ineffective, the validity of the rest of the Terms and Conditions of Use will not be affected. These Terms and Conditions of Use are subject to Australian law.
9. Contact
If you have any questions about these Terms and Conditions of Use, please contact us in writing at Bernina Australia at 10/15 Carrington Road, Castle Hill NSW 2154 or PO Box 268 Castle Hill NSW 1765 or phone (02) 9899 1188.
1. Your safety is our top priority
At Bernina Australia, we are committed to respecting the privacy of the users of this website. This Privacy Policy, in conjunction with the Terms and Conditions of Use, forms the basis for the treatment of personal information in compliance with the Australian Privacy Principles. The paragraphs below provide information about the type of user information collected by Bernina Australia and how this information is used. Bernina Australia complies with applicable data protection rights at all times and only processes personal information for the purposes for which the information was provided. Responsibility for data processing lies with Bernina Australia.
The Terms and Conditions of Use of the website and the legal requirements on privacy and data protection are adapted, supplemented or amended from time to time. Each time you access or visit the website, the versions accessible at that time apply. Please visit this page every time you visit the site to view the latest Terms and Conditions of Use.
By using this website, you acknowledge and consent to the use of your personal information as stated in this Privacy Policy. If you do not consent to these provisions, please do not provide Bernina Australia with any personal information.
2. Type of information collected
On visiting Bernina Australia's bernette website, there is no automatic collection of personal information about the user, such as name, address telephone number or email address unless this information is provided voluntarily by the user by filling in a form on the website or making contact with us in another way via the site. Data collection and analysis also applies to information you provide to us when you subscribe to one of our services or if you require other services. In addition, we may keep records of correspondence if you make contact with us.
Bernina Australia constantly strives to make our website more interesting for all our users. For this reason, statistical visitor data is collected each time the website is visited to establish which pages of the website are visited most frequently by each user. This includes the collection of data regarding the browser, operating system, weblogs and other connection data used by the user, irrespective of whether its collection is required for our or other purposes. In this context, it is sometimes necessary to use cookies.
3. Use of cookies
Like many other websites, Bernina Australia uses cookies on this website. Cookies are small pieces of software information, which are stored by your browser (e.g. Internet Explorer or Mozilla Firefox) on your computer's hard drive. These cookies are completely anonymised and contain no personal information. At no time is spy software installed or used to gain access to data and information stored on your computer.
Cookies make it easier for you to use the Bernina Australia website and contain no personal information about the user. Most browsers automatically accept cookies. However, you can configure your browser so that it does not accept or store cookies. Details of how to do this can be found in the operating instructions or help files of your browser.
4. Use of information
The anonymised information obtained by cookies when our website is accessed may be used for the purpose of analysis and to optimise the website, for example using Google Analytics from Google Inc.
Information that you provide to Bernina Australia yourself as a user of the website may be used by Bernina Australia and companies affiliated with Bernina Australia in order to improve the BERNINA Australia Online Store and to provide individual support to the user. This also includes sending the user items such as information, offers or notifications regarding BERNINA's product range and services.
The personal information collected is transmitted and stored in the Australia (location of the server). The information will be treated in accordance with the applicable Australian Privacy Principles. However, the information may be processed outside of Australia by personnel working for us or for our suppliers. By providing your personal information, you consent to the transmission, storage and processing of your information in accordance with these data protection regulations.
5. Disclosure of information
Bernina Australia and its affiliates within the Bernina Group use your personal information in accordance with these data protection regulations and will not disclose it to third parties.
Exceptions to this are if you have consented to the disclosure of information to companies not affiliated to Bernina Australia or if Bernina Australia and its affiliates within the Bernina Group is required by law, by a government authority or a court to do so. Another exception is if service providers are engaged to support Bernina Australia in data processing, administering the website or in another capacity or to provide you with products and services you have requested. These third parties are obliged to maintain the same degree of security and data protection as Bernina Australia.
6. Children as users of the website
A note to children and their parents: children are increasingly using the Internet. Parents should ensure that their children do not submit any personal information about themselves or their parents to Bernina Australia. However, if personal information is transmitted by children to Bernina Australia, we ask parents to contact Bernina Australia if they want the information to be deleted. The relevant information will then be deleted as soon as possible.
7. Data security
The transmission of data over the Internet is unfortunately not absolutely secure. In order to protect your information, Bernina Australia only collaborates with service providers and Internet providers that take appropriate technical and organisational security measures. However, Bernina Australia cannot guarantee the security of the data transmitted by you as a user. Any transmission of data is undertaken at your own risk.
8. Your information and withdrawal rights
You have the option of informing Bernina Australia at any time - for example, by email - that your information should in future no longer be used to contact you. You can also cancel your participation in particular services of the BERNINA Australia Online Store, such as the newsletter service, at any time.
In addition, you are also able to obtain information on the processing of information or to request a copy of your personal information that has been collected about you via our website. Please send your request in writing to Bernina Australia, 10/15 Carrington Road, Castle Hill, NSW 2154 or PO Box 268, Castle Hill NSW 1765 or phone (02) 9899 1188.
9. Final provisions
If the individual provisions or parts of this Privacy Policy should prove to be invalid or ineffective, the validity of the rest of the Privacy Policy will not be affected.
The jurisdiction and applicable law are as stated in the Terms and Conditions of Use.
