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TERMS OF SERVICE
This website is operated by Bubsessed. Throughout the site, the terms “we”, “us” and “our” refer to Bubsessed. Bubsessed offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Bubsessed makes it known that any advice, recommendations, and suggestions stated on this website should be discussed with the appropriate healthcare provider, and all recommendations are that alone and not medical advice, nor do we claim to be a medical professional. If you have any questions about any of the recommendations, advice, and suggestions here, please speak with your doctor, GP, or appropriate medical professional.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Products purchased in this store must be used as instructed and directed, and any queries for the usage of these products should be directed to the manufacturer or brand for clarification.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Certain products are preorder only and will be posted in a designated time indicated on the product page and invoices included. These are indicated on the product page.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Unauthorised usage of Afterpay, Zippay & Other payment providers
We take the security of our customers very seriously. All reports of fraud will result in such activity being reported immediately to ACORN and the AFP, as well as the payment service used for the activity. This may result in the closure of the account. No refunds or store credits will be issued in cases of unauthorised usage of the payment services unless Bubsessed is instructed by ACORN, the AFP or relevant authorities at the conclusion of their investigation.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED — USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bubsessed, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bubsessed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
HOURS OF OPERATION
Bubsessed is a brand run by a mum who has a family and other things needing to be tended to, so please understand while we love helping and want to respond to you as soon as possible, it may take a little time to get in touch. Please feel free to contact via email at email@example.com , on our Facebook Page or using the chat icon in the bottom right of your screen. Utilising the chat icon will likely get the quickest response.
Bubsessed reserves the right to respond in reasonable amounts of time,
and within the hours of Monday-Friday: 9AM-5PM.
Any other hours contacts may need to await response until opening hours. (Sometimes we are able to respond outside of those hours, but this is not a guarantee or promise.)
Orders will be posted according to their availability. Estimated processing times for products can be found on each product description. Should you need a product before these approximate dates, please email firstname.lastname@example.org and await a response BEFORE placing your order to see if we can arrange a speedier method. Not all items can be sped up, and additional costs and preorder deposits may apply.
PREORDERS ARE SUBJECT TO POST AFTER THE DATE STATED IN THE PRODUCT DESCRIPTION. SHOULD YOU PLACE A PREORDER PLEASE NOTE THAT THE PRODUCT IS NOT LIKELY AVAILABLE STRAIGHT AWAY AND SUBJECT TO WAIT TIMES.
We are able to customise orders to suit your needs, however this is limited to the products available and will come at an additional cost. Preorders are required for customised orders. As you would understand, much work and time goes into customising hampers, and we do have families and other matters to tend to, so please allow us a reasonable time to respond should you need to get in contact.
Orders are posted out AFTER funds have cleared by your selected payment method. (So, for example, if you pay via credit card for an item, the item will post AFTER it has cleared and approved through the payment platform. We usually email you once your order is posted.) Sometimes this may take more than a single business day, so please ensure you contact us if you have any questions BEFORE placing an order. Should you have any inquires about shipping times, refer to our shipping guidelines.
We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested product is not available, if there is an error in the price or the product description posted on the Site or an error in your order.
From time to time there will be promotions, discounts, coupon codes or sales available. These are all commenced at the discretion of Bubsessed. These promotions, discounts, coupon codes or sales are bound by their terms and conditions and only valid from the period commencing and as stated in their terms and conditions. Should you have purchased something prior to the availability or commencement of a promotion, discount, coupon code or sale, or after the completion of a promotion, discount, coupon code or sale, there is no obligation for Bubsessed to provide a discount, refund, or other compensation for a promotional offer, discount, coupon code or sale.
From time to time there will be promotions, discounts, coupon codes or sales available. These are all commenced at the discretion of Bubsessed. These promotions, discounts, coupon codes or sales are bound by their terms and conditions and only valid from the period commencing and as stated in their terms and conditions. Should you have purchased something prior to the availability or commencement of a promotion, discount, coupon code or sale, or after the completion of a promotion, discount, coupon code or sale, there is no obligation for Bubsessed to provide a discount, refund, or store credit.
Unauthorised usage of Afterpay, Zippay & Other payment providers
We take the security of our customers very seriously. All reports of fraud will result in such activity being reported immediately to ACORN and the AFP, as well as the payment service used for the activity. This may result in the closure of the account. No refunds or store credits will be issued in cases of unauthorised usage of the payment services unless business name is instructed by ACORN, the AFP or relevant authorities at the conclusion of their investigation.
Bubsessed reserves the right to charge a restocking fee of 10% on orders and restocking fee of 20% on preorders cancelled by the customer. While product may have not been supplied in this instance, it does take us the time and funds to process your transaction. Orders CANNOT be cancelled after they have been posted, and must go through the appropriate return processes before any refund can be issued if applicable.
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. We ask that you check your products upon their arrival and get in touch if there are any issues for this reason.
Should the product you ordered contain several parts which are not returned with your order, Bubsessed is under no obligation to offer a full refund and reserves the right to refuse a refund or Bubsessed may offer a partial refund only . Any products free WITH PURCHASE in the instance of a return, the customer may be liable to pay the product price for this item should the eligible items for this deal be returned without the item free with purchase. The decision on these returned items lies solely with Bubsessed.
Should the item be refused delivery, Bubsessed reserves the right to charge a 10% restocking fee in addition to postage costs incurred. Should you wish to have the item posted again, the customer will be responsible for any postage costs before the item can be posted again. To avoid this, please ensure that your delivery address is correct.
Orders will not be fully refunded by reason of change of mind. To be eligible for a return, your item must be unused, unopened and in the same condition that you received it. It must also be in the original packaging. Should products not be in this condition, Bubsessed holds the authority to inspect products for their condition to determine if a refund can be offered. Should it be a product with multiple parts, all parts must be returned which are included in the product purchase or a refund may not be issued (this includes products free with purchase). Prior to returning, you must lodge a return claim by emailing email@example.com . Returns must be received before they can be processed.
Shipping costs for returned goods are the responsibility of the customer, and Bubsessed is not liable for costs incurred for return shipping. Bubsessed is NOT liable for parcels lost in transit for return, so it is advised you record tracking information as well.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
* Gift cards
* Downloadable software products
* Some health and personal care items
To complete your return, we require a receipt or proof of purchase or invoice number.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org .
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com to inquire how to exchange your product and send your item to: Bubsessed, P.O. Box 7473, Mount Annan, NSW, 2567, Australia after approval . Please contact by email prior to posting your defective or damaged goods.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate or voucher will be mailed or emailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: Bubsessed, P.O. Box 7473, Mount Annan, NSW, 2567, Australia. Please notify by email prior to posting any returned goods.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Products have shipping information on individual pages, and some may be items in stock and ready to ship, whereas others may be labelled as “preorders” in such cases, the dates by which they will be process are described in the product page itself which may or may not be confirmed in a follow up email. In general, “ready to ship” items may take 2-5 business days of processing time before shipping (unless otherwise stated on the product page), and the customer will be provided with a tracking number upon order completion. We would love to guarantee a certain shipping time, however the customer must understand that our postage times are based on the service of a third party. Please inquire about any issues you may have with shipping with the knowledge that many items may take up to two weeks to arrive, and possibly more depending on your location and the time of year. Please refer to Australia Post’s terms for estimated time of delivery, as various factors can affect the shipping time of items.
Most items will be posted with signature on delivery only to ensure you get your items.
Express post is available for an additional cost, which will be processed as soon as possible (in accordance with each product’s proposed shipping requirements) and posted Express post. Feel free to send an email to firstname.lastname@example.org should this request be urgent to see how we can better help to speed up the process.
Should there be any issues with shipping, please contact Bubsessed.
Upon your preorder of certain items, Bubsessed reserves the right to charge a 20% cancellation fee after the preordered product has been ordered, as these products are ordered specifically for the customers.
Should the cancellation be AFTER the proposed shipping date, Bubsessed reserves the right to refund up to 50% of the purchase price. Returns will only be accepted in accordance with the Return policy and Australian Consumer Law.
We appreciate your feedback and hope to hear about your experiences with Bubsessed. Should you have any concerns, we ask that you please address these to us at email@example.com or by messaging our Facebook Page. Any messages to our personal Facebook Profiles will not be answered.
– Updated December, 2018
Bubsessed is committed to providing you with the best possible customer service experience. Bubsessed is bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Bubsessed customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Bubsessed takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Bubsessed reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Blocking cookies will have a negative impact upon the usability of some websites.