ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth).
Intellectual Property Rights means all present and future rights in or to any trade mark (whether registered or not and including any rights in get up or trade dress), copyright, patent, database rights, registered or unregistered design right, brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights.
Sales Terms means these Terms & Conditions.
Site means the website www.lordsthelabel.com
Statutory Rights means rights, warranties, guarantees and remedies relating to the provision of goods or services which cannot be excluded, restricted or modified.
We, us or our means The Trustee for Crown Discretionary Trust (ABN 93 653 100 705) trading as LORDS THE LABEL, its successors and assigns.
You or your means you, the person, organisation or entity that purchases products and services from us.
These Sales Terms form the agreement under which we will supply products and related services to you. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details available on the Site before you purchase products or related services from us.
You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had enough opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.
Products, Services and Orders
- You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.
- When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order. We only accept your order once payment has been approved and has been debited from the payment card.
- All orders are subject to availability and confirmation of the order price. If there is an issue with an order we will contact you.
- The products and services are sold to you for personal use only. You agree not to on-sell or resell the products or services to any third party without our written consent.
Price & Payments
- You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product and/or service.
- Depending on the value of your order or the delivery option or address you choose, delivery costs may also be charged. Any additional charges will be clearly shown during the checkout process and included in the ‘Total Cost’.
- Where applicable, taxes will be shown during the checkout process and included in the ‘Total Cost’.
- You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, then your order may be cancelled.
- From time to time we may offer promotional discount codes, which may be applicable to products or services on the Site and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
- We deliver Australia wide.
- Before you finalise your order, you will be given various delivery options to choose from with an estimated delivery time and date depending on the delivery address.
- We will normally dispatch the product(s) within 72 hours (on business days in New South Wales, Australia) of receipt of your order, unless otherwise noted on the Site.
- If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. It is your responsibility to organise to pick up your order from your local post office or contact the courier company to arrange another delivery date and time.
Returns & Refunds
- We accept returns for free and will provide a full refund if an item is returned within 28 days of it having been received by you. The refund will be by way of the original payment method.
- We offer exchanges and/or refunds where products are:
- faulty (other than where the fault is caused by you) or are misdescribed by us (as determined by us in our sole discretion); or
- the incorrect size (and we are unable to offer an exchange for the correct size).
- All items need to be returned to us in their original condition, in the original packaging, unworn, unwashed and complete with original labels, tags and promotional items to be eligible to be exchanged or refunded.
- Items must be returned to us within 28 days of your receipt of the order to be eligible for an exchange or refund.
- You must adequately package any product that you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. You are responsible for payment of any shipping costs for returning the product.
- Our goods and services come with warranties and guarantees that cannot be excluded under the ACL. You are entitled to a replacement or a refund for a major failure and for 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. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.
- You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except your Statutory Rights.
- Except for your Statutory Rights, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability & Disclaimers
- While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
- Our liability is governed solely by the ACL and these Sales Terms.
- To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
- we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and
- we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
- To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Sales Terms.
- You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
- This clause will survive termination of these Sales Terms.
Intellectual Property Rights
- We own or have permission to use the Intellectual Property Rights in the Site and its content.
- You are permitted to store, print and display our Site content only for your own personal use. You are not allowed to use any part of the Site for commercial purposes unless you have our express permission.
- You are also not allowed to use our logo or any other brand or trade marks which are substantially identical or deceptively similar without our express permission.
- We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- We reserve the right to refuse supply of the products or services ordered by you if you breach any of these Sales Terms, including if we suspect that you are on-selling or reselling the products or services to third parties without our consent, at our sole and unfettered discretion.
- We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control.
- Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
- Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
- You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.
- If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales.
- The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
- These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.