TERMS OF SALE – [LEGAL ENTITY]
1.1 In the terms of sale, the following words have the meanings given to them:
(a) Delivery Fee means the fee we charge you to deliver your Order.
(b) Delivery Policies means the various policies concerning the delivery of your order such as:
• time to deliver an Order;
• standard delivery terms;
• express delivery terms;
• urgent delivery service terms;
• information about fruit and plant deliveries;
• cut off times for deliveries;
• delivery terms for special days like mothers day, fathers day and valentines day.
(c) Order means the order you put through for one or more of our Products via our Website.
(d) Products means the products we offer from time-to-time for you Order.
(e) Website means the website owned and operated by [LEGAL ENTITY] at www.luxcreatives.com.au
2. YOUR ACCEPTANCE OF GENERAL TERMS
2.1 By accessing, browsing, buying a product or making an enquiry or using our Website in any way, you agree to the entirety of the terms and conditions in this document.
2.2 We may amend these terms and conditions from time to time. Any amendment is effective immediately.
2.3 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Website is available, temporary interruptions may occur. We will not be liable for any reason our Website is unavailable at any time or for any period.
2.4 We may also restrict access to some parts of or the entire Website, from time to time. We reserve the right to perform unscheduled maintenance on the Website at any chosen time and will not be liable for any resulting loss.
2.5 All content and services provided on or through this site are provided "AS IS" and "SUBJECT TO AVAILABILITY" basis. The Website, its contents and third-party links and advertising are provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Website is solely at your risk.
2.6 By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
2.7 We reserve the right to refuse service to anyone for any reason at any time.
3. WHAT YOU NEED TO DO
3.1 You must provide us with correct and accurate information about yourself as requested on the Website for an Order.
3.2 You must provide us with correct and accurate information about the recipient of the Order.
3.3 The content of any personalised message you provide us for the recipient of the Order is your responsibility (including content, spelling and grammar) however, we reserve the sole unfettered discretion to vary a personalised message or delete a personalised message if we deem the content of the personalise message to contain content that may bring us into disrepute.
3.4 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.
3.5 You must provide Us with a current, up to date and valid phone number, preferably a mobile phone number and a current, up to date and valid email address to enable Us to communicate with You (Valid Number and Email).
3.6 If You do not provide us with a Valid Number and Email and We need to contact You but cannot (Failed Communication) You unconditionally release Us and We accept no liability whatsoever that might arise out of any Failed Communication including but not limited to anything about Your Order or anything else associated with that Failed Communication.
3.7 We will attempt to call you on a Valid Number and Email for communication once only. If We are able to leave a message, We will.
3.8 We are not obligated to follow up any communications to an email address that You do not action or reply to.
3.9 You unconditionally release Us and we accept no liability arising out of a Failed Communication, where your phone number or email address were not supplied by You to Us, were invalid or incorrect.
3.10 You must ensure and it is your responsibility to ensure, that the delivery address for the recipient of the Order you provide us is correct and accurate. We will only deliver to the address you provide us. In some circumstances the Delivery Address you provide us may result in a delivery to reception, front office or similar type of delivery point. You unconditionally release us and we accept no liability arising out of any failed delivery or other issue because the address you provide us is not correct or inaccurate or if the Delivery Address results in a delivery to a reception, front office or similar type of delivery point. We are under no obligation to confirm your delivery address or resolve an incorrect or inaccurate delivery address with you.
3.11 If you provide us with an incorrect or inaccurate delivery address it may result in an undelivered or mis-delivered Order. If we decide to attempt to deliver the Order to a corrected address, we may charge you a mis-delivery or redelivery fee.
3.12 Once we deliver your Order in accordance with the instructions you have provided to us (whether through the Website or as amended before delivery), risk to the Order transfers to you and we have no further responsibility to you in relation to the Order.
3.13 For the safety of your Order, our delivery agent may (acting reasonably) determine that the address you have provided to us is unsafe to deliver the Order. Where this occurs, we will attempt to communicate this to you and seek an alternate address. If this communication is Failed Communication, we reserve the right to have the delivery agent return the Order to the place of origin and if you subsequently either authorise the delivery of the Order to the address or provide us with a new address for the Order, we reserve the right to charge you a redelivery fee.
3.14 In the event that you authorise us to leave the Order at the original address we deemed to be unsafe for delivery, you unconditionally release us and indemnify us against all claims where that Order is, after delivery, not received by the recipient.
4.1 We will state the Delivery Fee at the checkout of your Order. Your Delivery Fee depends on your choice of delivery. Our Delivery Fee is calculated in accordance with our Delivery Policies. Our Delivery Policies may change from time-to-time and we reserve the right to change them.
4.2 We do not guarantee a specific delivery time. Delivery times are determined by various factors some of which are outside our control. The delivery can be made anytime on the Delivery Date. The Delivery Policies contain more specific information about delivery times.
4.3 We cannot always guarantee the Delivery Date you choose at the checkout of your Order. We will advise you if it is not possible to meet your chosen Delivery Date before you pay for your Order.
4.4 Deliveries on Sundays and public holidays are not available, except when stated otherwise.
4.5 We do not provide a track and trace service or an estimated time of arrival once your Order is in transit for delivery.
4.6 We have no control over our third party delivery agents other than in their selection based on reputation. Other than as stated in our Delivery Policies, you unconditionally release us and we have no liability to you for any delay in the delivery of your Order where that delay is occasioned by a third party agent such as Australia Post or a freight/courier delivery service.
4.7 In the event the Order is dispatched with Australia Post and the recipient is not available to accept delivery of the Order and there is no safe drop-off point, the Order will be returned to the closest Post Office and a calling card will be left notifying the recipient to pick up the Order. The delivery agent (including Australia Post) has the discretion to determine whether to leave the Order at the recipient’s address or not, even where you have authorised us to leave it at the recipient’s address.
5.1 An Order is final at the time we accept your payment for an Order. You are responsible for and must ensure that your Order is correct before payment. In limited circumstances, we may, at our sole discretion agree to a variation of your Order but in no circumstances will we agree to vary your Order between the period which is 48 hours prior to pick up by our delivery agent and delivery to the recipient.
5.2 We are unable to provide any alterations or amendments (including cancellations) for Orders that have already been prepared and/or in transit.
5.3 We reserve the right because of demand and any other circumstances outside our control to substitute items of your Order. Where we need to materially change your Order, we will communicate with you before doing so. This may change the delivery date of the Order. Substitutions and alterations to the Order will be of similar quality and value.
5.4 We may, in our sole discretion and without having to provide you with a reason, refuse to alter or amend any Order at any time.
5.5 For Special Events, including but not limited to, Valentine’s Day, Mother’s Day, Father’s Day and Christmas deliveries, all Orders are final and we reserve the right to not accept any alterations, amendments or cancellations of your Order.
6. CANCELLATION OF ORDERS
6.1 We may consider and agree to a cancellation request for an Order. Cancellation requests are subject to our cancellation policy in place from time-to-time on our Website (Cancellation Policy).
6.2 The Cancellation Policy will specify the timeframes that we will consider and agree to a cancellation, the current administration fee charged for the cancellation and whether or not you may receive a gift voucher for the total amount of the Order.
6.3 If the cancellation request is agreed to by us the net payment (the Order cost less the administration fee) will be refunded to the same payment method you used to pay for the Order. We are not liable for any costs or charges you incur by your financial institution.
6.4 We cannot cancel an Order that is already prepared and/or is with our delivery agent.
7. COMPLAINT POLICIES
7.1 If at any time you are dissatisfied with our service, then we encourage you to communicate that to us. Our Website has contact details to allow you to communicate with us about your complaint or dissatisfaction about our service.
7.2 You may communicate your dissatisfaction or complaint about your Order but only if we receive that complaint within 3 days of delivery of your Order. You must provide us with photos and other reasonable evidence to support a complaint about your Order. You must co-operate with us to collect your Order if we require the Order to be returned.
8.1 We may use props on our Website for advertising and display purposes. Props do not form part of an Order. You should read the itemised Product description available on the product page of the Website carefully because it outlines the contents of each of the Products that we sell.
8.2 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.
8.3 We reserve the right, but are not obligated, to limit the sales of our Products 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 that we offer. All descriptions of Products or Product pricing are subject to change at any time 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.
8.4 Occasionally there may be information on our Website 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 on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).
8.5 We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
Care of perishable products
8.6 We provide care instructions for our Products. We recommend that you follow them carefully to maximise the shelf life of your Order. We are not responsible for and you release us entirely for any claim, cost or injury you or any party suffer as a result of incorrect care of your Order.
8.7 Our Products and your Order may contain traces of nuts, gluten or diary. You must consider this carefully when ordering a Product as we are not responsible for any allergic reaction to any of our Products by any recipient of your Order.
9. PRICING AND TRANSACTIONS
9.1 Prices for our Products are subject to change without notice.
9.2 All prices quoted, unless otherwise stated, are inclusive of GST.
9.3 All prices, unless otherwise stated, are quoted in the currency you have chosen or if not chosen by you, in the currency of the country in which the Order has been made.
9.4 Product prices on the Website do not include delivery fees.
9.5 We accept payment by Paypal, Visa, Mastercard, American Express and Diners Club credit cards.
9.6 When providing your credit or debit card details you are agreeing that you are authorised to use that card and that is has sufficient available funds to cover the Order price.
9.7 A surcharge of 3% is applied for payments made with Diners Club credit cards.
(a) apply to the Product value and exclude the delivery fee;
(b) may not be combined with any other offers, discounts or gift vouchers;
(c) must be applied prior to payment;
(d) may not be redeemed for cash or transferred;
(e) will not be applied to an Order after an Order has been paid.
10.2 These terms and conditions apply in conjunction with any terms and conditions, written on or associated with the discount given to you.
11. THIRD PARTY RELEASE
11.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
11.2 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.
11.3 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).
11.4 We may also, in the future, offer new Products and/or features through the website (including, the release of new tools and resources). Such new features and/or Products shall also be subject to these Terms.
12. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
12.1 All material on Website is owned, operated, licensed or controlled by us, including but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by us or by other parties that have licensed their material to us.
12.2 Material on any website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of us.
12.3 Use of the materials on any other Website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of our copyright, trademarks and proprietary rights and is prohibited.
13. THIRD PARTY LINKS
13.1 Certain content, Products and services available via our Website may include materials from third-parties.
13.2 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.
13.3 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.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1 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.
14.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
14.3 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 libellous 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 Website 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.
15. PROHIBITED USES
15.1 In addition to other prohibitions as set forth in these Terms, 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 Website 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 Website or any related website, other websites, or the Internet.
15.2 We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
16. LIMITATION OF LIABILITY AND INDEMNITY
16.1 You agree that we shall not be liable for any damages suffered as a result of using the Website or an Order.
16.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
16.3 We do not endorse the content of any third-party products and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a User or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into content. It is your sole responsibility to ensure the accuracy of the information that you give us for the purposes of an Order.
16.4 As a condition of your access to and use of the Site, you agree to defend, hold harmless, and indemnify us and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Website and any Order; or
(b) your breach of these Terms and any applicable law or the rights of another person or party; or
(c) any breach of contract or other claims made by a third party who is a recipient of your Order.
16.5 This indemnification section survives the delivery of your Order.
17.1 You hereby release us and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees from claims, demands, and damages whether actual or consequential of every kind and nature, known or unknown, arising out of or in connection with any dispute you have with us, whether it be at law or in equity. This includes, for example and without limitation, any disputes regarding performance, quality, functions, and quality of the Products.
17.2 Neither the release in this clause nor the indemnity in clause 12 abrogates any implied warranty by law including those implied by the consumer laws of each country we operate in.
18.1 By using the Website, you accept and consent that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website or calling you at our election.
18.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
18.3 Notice will be deemed received and properly served immediately when posted on the Website or 24 hours after an email is sent. As proof of service, it is sufficient that, for emails, the email was sent to the specified email address you have given us.
19. NO WAIVER
19.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
19.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
19.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you.
20. FORCE MAJEURE
20.1 We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) pandemic or epidemic;
(i) civil unrest;
(j) computer hacking; or
(k) malicious damage.
21.1 If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
22. ENTIRE AGREEMENT
22.1 These Terms and the documents expressly referred to in them, constitute the entire agreement between you and us, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us and you.
22.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
23. GOVERNING LAW
23.1 These Terms are governed by the laws of the country in which you access the Website or place your Order.