Mystery Box Terms

Mystery Box Terms & Returns – Australia

The Nature of a Mystery Box

Our Mystery Boxes are designed to be a surprise. The specific bear, design, colour, style or variation included within a Mystery Box is not disclosed before purchase. There will be one bear within each Mystery Box.

By purchasing a Mystery Box, you acknowledge that you will not know exactly which bear you will receive before opening the box.

This means that the bear you receive may not be to your personal taste or preference, and you may receive a bear that you already own.

Purchasing more than one Mystery Box does not guarantee that each Mystery Box will contain a different bear. Two or more Mystery Boxes may contain the same bear.

Receiving a duplicate bear, a bear that you already own, or a bear that you would not personally have chosen does not, by itself, mean that the Mystery Box is faulty, incorrectly supplied or not as described.

Mystery Box Value Guarantee

Every Mystery Box is guaranteed to contain one bear with a genuine Recommended Retail Price ("RRP") of at least twice the price paid for the Mystery Box.

For example, if a Mystery Box is purchased for $100 AUD, the RRP of the bear contained within that Mystery Box will be at least $200 AUD.

For the purposes of this guarantee, RRP means the genuine Recommended Retail Price applicable to the individual bear at the time the Mystery Box is offered for sale, rather than the discounted Mystery Box purchase price.

The RRP guarantee relates to the stated retail price of the bear included within the Mystery Box. It does not represent or guarantee the bear's resale value, secondary-market value, collectability, rarity or future value.

If the bear supplied does not meet the stated Mystery Box RRP guarantee, please contact our Customer Service team.

No Change-of-Mind Returns

Mystery Boxes are not eligible for change-of-mind returns or exchanges.

Because the identity of the bear is intentionally concealed as part of the Mystery Box experience, Mystery Boxes are sold on the basis that the customer accepts the possibility of receiving any bear available within the applicable Mystery Box offering.

We therefore do not accept returns, refunds or exchanges simply because:

  • you do not like the bear you received;

  • you would have preferred a different bear;

  • you already own the bear;

  • you receive a duplicate bear;

  • you expected or hoped to receive a particular bear, design, colour, style or variation;

  • another bear within the collection is considered more desirable;

  • you change your mind about the purchase;

  • you find the bear or another product available elsewhere at a different price; or

  • you otherwise decide that you no longer want the Mystery Box.

This change-of-mind policy applies whether or not the Mystery Box has been opened.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

Duplicate Bears and Multiple Mystery Boxes

Mystery Boxes are not guaranteed to contain unique bears.

If you purchase two or more Mystery Boxes, whether as part of the same order or through separate orders, it is possible that you may receive the same bear more than once, particularly where Mystery Boxes are purchased from the same price tier or offering.

We cannot guarantee that duplicate bears will be avoided.

Receiving a duplicate bear, a bear that you already own, or a bear that you would not personally have selected does not, by itself, constitute:

  • a product fault;

  • a manufacturing defect;

  • a fulfilment error;

  • an incorrect order; or

  • a failure to supply the Mystery Box as described.

Mystery Boxes cannot be returned or exchanged solely because a duplicate bear has been received.

This does not affect your rights under the Australian Consumer Law where the goods otherwise fail to comply with an applicable consumer guarantee.

Mystery Box Exchanges

Mystery Boxes cannot be exchanged for change-of-mind reasons.

We do not exchange a Mystery Box for another Mystery Box, and individual bears contained within a Mystery Box cannot be exchanged for alternative bears, designs, colours, styles or variations because of personal preference or because you have received a duplicate.

If you choose to purchase another Mystery Box, there is no guarantee that the contents will be different from a Mystery Box you have previously purchased.

Nothing in this section affects any right to a replacement or other remedy that may arise under the Australian Consumer Law.

Damaged, Faulty, Unsafe, Misdescribed or Incorrect Items

Our Mystery Box change-of-mind policy does not exclude, restrict or modify the consumer guarantees or any other rights or remedies available under the Australian Consumer Law.

Goods sold to consumers in Australia come with consumer guarantees that cannot be excluded.

If the bear contained within your Mystery Box:

  • arrives damaged;

  • has a fault or manufacturing defect;

  • is unsafe;

  • is materially different from its description;

  • is not of acceptable quality;

  • is not reasonably fit for an applicable purpose required by the Australian Consumer Law;

  • is not the product that should have been supplied; or

  • otherwise fails to comply with an applicable consumer guarantee,

please contact our Customer Service team.

We may ask you to provide your order number together with photographs of the affected bear, its packaging and the shipping carton so that we can investigate the issue.

You should retain the affected bear and any relevant packaging while the matter is being assessed.

A customer does not lose their rights under the Australian Consumer Law merely because the Mystery Box or its packaging has been opened or is no longer in its original condition where the customer is seeking a remedy for a failure to comply with a consumer guarantee.

The fact that you do not personally like the bear, would have preferred another bear, already own the bear, or have received a duplicate does not, by itself, mean that the bear has a fault or that the consumer guarantees have not been met.

Remedies Under the Australian Consumer Law

Where goods fail to meet a consumer guarantee, the remedy available will depend on the nature and seriousness of the problem and the requirements of the Australian Consumer Law.

Where there is a major failure, you may be entitled to choose between a refund and a replacement, as provided by the Australian Consumer Law.

Where the problem is not a major failure, we are entitled to provide an appropriate remedy in accordance with the Australian Consumer Law, which may include repairing or replacing the affected product or otherwise remedying the problem within a reasonable time.

Other remedies or compensation may also be available where required by law.

Nothing in these Mystery Box Terms & Returns is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Returning a Faulty or Non-Compliant Mystery Box

If you believe there is a problem with your Mystery Box or the bear supplied, please contact our Customer Service team before returning the product so that we can provide appropriate return instructions.

Where the product can easily be posted or returned, we may ask you to return it to us so that we can assess the issue.

If the product is confirmed to have a problem for which you are entitled to a remedy under the Australian Consumer Law, we will reimburse any reasonable return postage or transportation costs you were required to incur, where required by law.

Please retain receipts or other evidence of any reasonable return costs incurred.

A product being returned because of an alleged fault does not need to meet the conditions that might otherwise apply to a voluntary change-of-mind return.

Refunds

Mystery Boxes are not eligible for refunds solely because of a change of mind, personal preference, receipt of a duplicate bear, or because you already own the bear supplied.

Where you are entitled to a refund under the Australian Consumer Law, the refund will be provided in accordance with your statutory rights.

Where a major failure entitles you to reject the goods and choose a refund, the refund will be for the amount paid for the affected goods, in accordance with the Australian Consumer Law.

Refunds will ordinarily be made using the original payment method unless another method is agreed between us and the customer.

Nothing in this policy limits your entitlement to any additional remedy or compensation available under the Australian Consumer Law.

Important Mystery Box Returns Notice

NO CHANGE-OF-MIND RETURNS OR EXCHANGES ARE ACCEPTED FOR MYSTERY BOXES.

DUPLICATE OR UNWANTED BEARS CANNOT BE RETURNED OR EXCHANGED SOLELY FOR THAT REASON.

The identity of the bear supplied is intentionally concealed as part of the Mystery Box experience.

By purchasing a Mystery Box, you acknowledge that:

  • you will not know which specific bear you will receive before opening the Mystery Box;

  • you may receive a bear you would not personally have selected;

  • you may receive a bear that you already own; and

  • purchasing more than one Mystery Box does not guarantee that you will receive different bears.

These change-of-mind restrictions do not affect your rights under the Australian Consumer Law where goods are faulty, unsafe, damaged, materially not as described, incorrectly supplied or otherwise fail to comply with an applicable consumer guarantee.

Australian Returns Address

Where you are entitled or authorised to return a Mystery Box, products purchased through the Charlie Bears Australia store must be returned to our designated Australian returns address unless our Customer Service team instructs you otherwise.

FAO CBD RETURNS
The Cubhouse
1 Angus Way
Kyneton, Victoria 3444
Australia

Telephone: 03 5427 4482
Email: cubhouse@charliebears.com

Please do not return an order purchased through the Australian store to one of our other international locations.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing within these Mystery Box Terms & Returns is intended to exclude, restrict or modify any guarantee, right or remedy available to consumers under the Australian Consumer Law or any other applicable law where doing so would be unlawful.

Where there is any inconsistency between these terms and a mandatory requirement of the Australian Consumer Law, the Australian Consumer Law will apply.

These Mystery Box-specific terms apply in addition to our general Terms & Conditions and Returns Policy. To the extent permitted by law, where our general voluntary change-of-mind Returns Policy conflicts with these terms in relation to a Mystery Box, these Mystery Box-specific change-of-mind terms apply to the Mystery Box.

!