Lester & Darnie: Online Purchase Terms
1. ACCEPTANCE OF TERMS
Last modified: 17 September 2014
Lester & Darnie is a brand and registered trading name of Madd Family Holdings Pty Ltd as trustee for the Fois Family Trust, ABN 69 206 629 595.
By accessing our website, you agree to comply with these terms.
By clicking “I ACCEPT” and proceeding with a purchase (‘Order’), you are entering a legally binding agreement for the purchase of the items (‘Products’) specified in the Order. You warrant that you are authorised to bind the Customer named in the Order to this agreement.
You also have the option of creating a User Account at the time of purchase, subject to the additional responsibilities set out in clause 6.
2. YOUR OBLIGATIONS
You warrant that:
- You are over 18 years of age and have full legal capacity to make this transaction and enter into this legally binding agreement; and
- All information you have provided in the Order is correct and accurate.
3. PRODUCT INFORMATION
- Please ensure the Product(s) are suitable before placing your Order.
- Product information is provided by our suppliers. Even though we take reasonable precautions, it’s possible that Products may be listed with wrong information, due to typographical errors or product updates, and we expressly do not warrant that Product information is accurate or up to date. We may change or update Product information at any time.
- We reserve the right to reject your Order for any reason.
- If we find an error in your Order, at our absolute discretion we reserve the right to cancel your Order and refund your payment, or proceed with the Order as-is, attempting delivery despite the error.
- You must complete payment online at the time of ordering. We reserve the right to vary the prices on our website at any time. Prices are only confirmed at the point you submit and pay for your Order.
- All prices are in Australian dollars and inclusive of GST. You are responsible for any other applicable duties, levies or taxes that may apply to your purchase of the Products.
- If your payment is subsequently dishonoured or reversed for any reason, you must immediately make the payment again. We reserve the right to delay your Order, or cancel your Order for non payment at any time until we receive full payment in cleared funds.
- We do not receive or store any credit card information. All payments are handled by a secure third party payment gateway.
5. DELIVERY, POSTAGE AND HANDLING
- Freight costs are itemised and confirmed at the checkout, before submitting your Order, with the exception of bulky items.
- For bulky items, freight costs quoted at the checkout are approximate, and will be confirmed by email after submitting your Order (at which point you may cancel your order for a full refund if desired).
- Lester & Darnie use Australia Post’s registered post service for some small and light weight items, and some deliveries to regional locations. These items are covered by Australia Post’s standard insurance and tracking services.
- Subject to payment in full, title and risk in the purchased Products passes to the Customer upon dispatch (our posting or handing the Products to the courier, as applicable).
- The delivery times we give to you are estimates only and we are not liable for late delivery or non-delivery, or for any loss, damage or delay arising from late or non-delivery. While we cannot guarantee delivery times, ordinarily we expect delivery to take 2 to 5 business days, while regional and Western Australian deliveries can take up to 10 business days. If you have not received your delivery within this time, please contact us at: email@example.com.
- Products from a single Order may be shipped separately (you may receive multiple parcels), as some Products are shipped directly from our suppliers.
- You must ensure that the delivery address and instructions you supply to us are correct.
- If delivery cannot be made due to an incomplete or inaccurate delivery address or your failure to accept delivery, we reserve the right to charge a reasonable amount for storage, postage and handling before reattempting delivery.
- Freight does not ordinarily include insurance. If you wish to arrange insurance for your Order, please contact us by email prior to placing your Order: firstname.lastname@example.org
- If goods are damaged or lost in transit, we will provide, and may require you to provide, reasonable assistance in any claim against the postage service or courier.
6. REFUNDS AND RETURNS
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Other than the representations or warranties expressed in this agreement, and subject to clause 6(a), we do not make any representations or warranties regarding any Product or its fitness for purpose, or regarding any matter relevant to you buying the Product. To the fullest extent allowable at law, any condition or warranty which would otherwise be implied in this agreement is excluded.
- We do not issue refunds unless the Product is faulty, or we are otherwise required to by law. We do not refund Products simply because you change your mind.
- If you discover a material fault with a Product purchased from us, and wish to arrange a refund or replacement, please contact us by email: email@example.com, providing:
- proof of purchase (preferably your Order number);
- details of the faulty Product (preferably the Product ID); and
- a detailed description of the fault.
- Upon receiving this information, we will contact you to arrange the return of the faulty Product.
- You must retain a copy of any receipt for postage costs if you wish to be reimbursed. After assessing the condition of the returned Products and if your refund is approved, we will bear or refund the postage costs related to the return of a faulty Product.
- If in our reasonable opinion, an item you returned:
- does not match the Product you purchased, or was not purchased from us; or
- is found not to be faulty as claimed; or
- is missing components (unrelated to the claimed fault),
- we may refuse the requested refund or replacement, and return the Product(s) to you at your cost, reserving the right of lien over the Product(s) until such postage and handling costs are paid.
- To help prevent fraud, where we are required to issue a refund, we will only issue the refund to the credit card or account from which payment was made.
- We may at our absolute discretion, and subject to availability, permit you to exchange a Product for a different size or colour. Please follow the process above to request an exchange. If we authorise the exchange, we will require you to return the original Product in saleable condition at your own cost.
7. USER ACCOUNTS
Additional functionality is available if you choose to create a user account, such as the ability to save a wish list of items, pre-fill delivery information in an order form, and review items you have purchased.
If you choose to create a user account, you further agree:
- You are responsible for the security of your authentication details. Please do not disclose your password to anyone else.
- We do not warrant that the website or user services will be accessible or available at any time.
- If you review a Product, you warrant and represent that:
- the review honestly reflects your experience with the Product;
- you do not have any conflict of interest in writing the review;
- the review is your personal work, and does not infringe upon any third party intellectual property rights;
- the review does not contain any content considered illegal, discriminatory, abhorrent, pornographic, spam, or promoting or advertising other goods or services; and
- the review does not contain any content that may adversely affect our commercial reputation, brand and goodwill.
- We do not represent that your review will be published, and reserve the right to take down any review for any reason at any time.
- Our publishing a review does not represent or imply our endorsement of any view expressed in that review.
8. RELEASE AND INDEMNITY
To the fullest extent allowable at law, you agree that:
- our total liability is limited to (at our election), repairing or replacing the Product, or refunding the price you paid for the Product; and
- subject to clauses 6(a) and (b), you release and hold harmless us, and our officers, employees, agents and contractors from any and all notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss (including indirect, special or consequential loss), cost, expense (including legal fees on a solicitor and own client basis) and liability, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving us or a third party, that arises from or in relation to your purchase and use of the Product(s), or access of our website.
9. GENERAL RESTRICTIONS
You must not:
- access or modify any account or personal information of our users without authorisation;
- access the services through any unauthorised or unsupported interface (e.g. indexing or scraping content or listings);
- adversely affect or disrupt our services, or the systems of any user in any way, including by virus or malware, spam, denial of service, or any other method;
- display, upload or facilitate any child exploitation material;
- obfuscate, obscure, mask or provide false identifying information;
- promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
- provide material that is grossly offensive including blatant expressions of bigotry, racism or hatred;
- provide material that infringes copyright, or provide links to such material, including programs or information used to circumvent copy-protection devices;
- publish anything that is fraudulent, misleading, or deceptive, including any scam or ‘phishing’ attempt;
- scan, test, or exploit any security vulnerability, or circumvent any security measure on our system or network;
- send any promotion, advertisement or unsolicited communication (spam) to, from or via our systems; or
- use the services in violation of any applicable law or regulation.
This agreement is governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the Courts of Queensland.
If any provision of this agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.