Terms & Conditions
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1 . Website User Terms and Terms of Trade
1.1 These terms set out:
1.1.1 the basis upon which you agree to access and use any website(s) operated by the Seller; and
1.1.2 the contractual basis upon which the Seller will provide goods and/or services to the Buyer.
1.2 Our price lists, quotes, order confirmations, size charts, product specification sheets and receipts are incorporated into and form a part of these terms.
1.3 By using any of our site or any of our Services, you’re agreeing to these Terms – even if you are just browsing on our website. If you don’t agree to our Terms you can leave the site and/or decide not to use our Services.
2 . Definitions
2.1 “Seller” shall mean Sarah Jean Wedding & Events Pty Ltd (ABN 16 619 576 608) its successors and assigns or any person acting on behalf of and with the authority of the Seller (us, we, our).
2.2 “Buyer” shall mean the Buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any quotation, order confirmation or other forms as completed by the Buyer and provided to the Seller (you, your).
2.3 “Goods” shall mean the goods available for sale on any website(s) operated by the Seller or any other Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, price lists, quotes, order confirmations, size charts, product specification sheets and receipts or any other forms as provided by the Seller to the Buyer.
2.4 “Services” shall mean the online shopping platform available on our Site and all services supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Goods as defined above).
2.5 “Price” shall mean the price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 5 of this contract.
2.6 “Site” means any website(s) operated by the Seller.
3 . The Competition and Consumer Act 2010 (“ACL”) and Fair Trading Acts (“FTA”)
3.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the ACL or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
4 . Your Account with us
4.1 You will need to set up an account with us to use some of the features of the Site or the Services e.g. to Goods from the Site), unless we provide the option to log in as a “Guest”. Here are a few rules about accounts with us:
4.1.1 You will be required to provide full and accurate information about yourself.
4.1.2 You must be 18 years or older.
4.1.3 You take full responsibility for all activity on your account. If you register as a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business. If you choose to share an account with another person, or other people, (for example by telling them your password) then the person whose billing information is on the account will ultimately be responsible for any activity.
4.1.4 A username that is offensive or infringes anyone’s intellectual property rights is in breach of these Terms.
4.1.5 These Terms don’t create any partnership, joint venture, employment or franchisee relationship between you and us.
4.1.6 You may choose to terminate your account with us at any time. In order to do so, you will need to email firstname.lastname@example.org for your account to be terminated. You will still have to pay any outstanding invoices due to us.
4.1.7 We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. We may refuse service to anyone, at any time, for any reason.
5 . Prices, Availability, Products
5.1 Our prices are listed on the Site. The prices are current as at the date you place your order.
5.2 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5.3 All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colours of items and products may depend on your monitor and may not be correctly displayed.
5.4 The availability of products and other items on the Services may change at any time, without notice.
6 . Order Acceptance Policy
6.1 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following:
6.1.1 we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order); or
6.1.2 we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
7 . Payment Terms
7.1 For each product you order through the Services, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless we have agreed to an alternate billing arrangement in writing signed by us, we will automatically process payment via the bank account or credit card detail submitted by you, via the Payment Processor, as part of the order process for such price. All prices are non-refundable.
7.2 We use third-party payment processors (the “Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. We may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
7.3 By using a third-party service, you may also be subject to an agreement with the third-party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. If we receive notice that a listing or transaction violates a third party’s service agreement, we may have to take action against your account, such as cancelling a transaction, or suspending your online account with us.
8 . Acceptance & Responsibilities
8.1 Any information or instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
8.2 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
8.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are binding and can only be amended with the written consent of the parties.
8.4 You must keep your details updated, including but not limited to your email address and the delivery address nominated in your user account on the Site. The Buyer shall be liable for any loss incurred by the Seller as a result of the Buyer’s failure to comply with this clause.
8.5 It is the Buyer’s responsibility to ensure that all information, (written & verbal) provided to the Seller is complete and accurate. The Buyer acknowledges and agrees that the Seller is relying upon the accuracy of the information provided to them by the Buyer in supplying the Goods and/or Services. The Seller may refuse to provide Goods and/or Services to the Buyer if the Buyer refuses to provide all information requested by the Seller or the Seller discovers that any information provided to them by the Buyer is inaccurate or incomplete.
9 . Delivery Of Goods
9.1 Goods will not be delivered until they have been paid for in full.
9.2 At the Seller’s sole discretion delivery of the Goods (and the associated risk) shall take place when:
9.2.1 the Buyer takes possession of the Goods at the Seller’s address; or
9.2.2 the Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier);
9.2.3 the Goods are delivered by the Seller or the Seller’s nominated carrier to the address nominated by the Buyer in the order; or
9.2.4 the Buyer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Buyer’s agent.
9.3 At the Seller’s sole discretion the costs of delivery are in addition to the Price and will be listed as a part of the order details prior to the order is confirmed and payment taken.
9.4 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
9.5 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
9.6 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
9.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
9.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of the Seller.
10 . Defects
10.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
10.2 The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way.
10.3 If the Buyer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
10.4 For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods.
10.5 Goods will not be accepted for return other than in accordance with 10.1 above.
11 . Warranty
11.1 The Seller warrants that all goods sold are free from defects in materials and workmanship as at the date of dispatch by the Seller. To the extent permissible by law, the Seller excludes all representations or warranties not expressly set out in these terms.
11.2 To the extent permissible by law, the Seller’s liability for breach of any warranty set out in these terms or any warranty which the Seller is not entitled to exclude is limited to, at the option of The Seller the:
11.2.1 replacement of the goods, or
11.2.2 refund of the cost of the relevant goods.
11.3 You may exercise your rights under this clause by notifying the Seller in writing at email@example.com.
11.4 The benefits provided to you by the warranties contained in this clause are in addition to other rights and remedies available to you under the law.
11.5 The Seller’s 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 or 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.
11.6 You acknowledge and agree that the Seller has made no warranty or representation that the goods are suitable for any purpose or application.
11.7 Subject to the conditions of warranty set out in this clause the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within ninety (90) days of the date of delivery (time being of the essence) then the Seller will either (at the Seller’s sole discretion) replace or remedy the workmanship.
11.8 The conditions applicable to the warranty given by clause 11.7 are:
11.8.1 the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
18.104.22.168 failure on the part of the Buyer to properly maintain any Goods; or
22.214.171.124 failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
126.96.36.199 any use of any Goods otherwise than for any application specified on a quote or order form; or
188.8.131.52 the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
184.108.40.206 fair wear and tear, any accident or act of God.
11.8.2 the warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
11.8.3 in respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer’s claim.
11.9 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
12 . Intellectual Property
12.1 Where the Seller has designed, drawn or written Goods for the Buyer, then the copyright in those designs and drawings and documents shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
12.2 The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.
12.3 Where the Seller has provided computer software and documentation, the Seller retains ownership of the computer software and documentation (including source codes), but grants a licence to the Buyer for use of the computer software and documentation. The Buyer will use any third-party software supplied by the Seller, and identified as such, strictly in terms of the licence under which it is supplied.
13 . Default & Consequences of Default
13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
13.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
13.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
13.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
13.5 Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:
13.5.1 any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
13.5.2 the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
13.5.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.
14 . Cancellation & Termination
14.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
14.2 The Buyer cannot cancel an order once it has been accepted by the Seller.
14.3 Other than as set out in clauses 10 & 11 we do not offer refunds if you change your mind or choose the incorrect size or colour.
15 . Privacy Act 1988
15.1 The Buyer agrees for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Buyer in relation to credit provided by the Seller.
15.2 The Buyer agrees that the Seller may exchange information about the Buyer with those credit providers either named as trade referees by the Buyer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
15.2.1 to assess an application by Buyer; and/or
15.2.2 to notify other credit providers of a default by the Buyer; and/or
15.2.3 to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and/or
15.2.4 to assess the credit worthiness of the Buyer.
15.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
15.4 The Buyer agrees that personal credit information provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
15.4.1 provision of Goods; and/or
15.4.2 marketing of Goods by the Seller, its agents or distributors in relation to the Goods; and/or
15.4.3 analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Goods; and/or
15.4.4 processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and/or
15.4.5 enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Goods.
15.5 The Seller may give information about the Buyer to a credit reporting agency for the following purposes:
15.5.1 to obtain a consumer credit report about the Buyer; and/or
15.5.2 allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
16 . Title
16.1 The Seller and Buyer agree that ownership of the Goods shall not pass until:
16.1.1 the Buyer has paid the Seller all amounts owing for the particular Goods; and
16.1.2 the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer.
16.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights in respect of the Goods shall continue.
17 . Limitation of liability
17.1 Except as expressly provided in these Conditions, to the maximum extent permitted by law the Seller shall not be liable to the Buyer by way of indemnity or by reason of any breach of these Conditions or any statutory duty or any common law duty for any direct, punitive, exemplary, special, indirect or consequential loss or damages suffered by the Buyer.
17.2 The Buyer indemnifies the Seller against all claims, losses, costs, suits or expenses for damage to property or injury to or death of any person arising from the goods or their use or application.
17.3 This clause does not exclude or modify any condition or warranty implied into the contract or these terms of sale by any law (including the Competition and Consumer Act, 2010 (Cth)) where to do so would contravene that law or cause any part of this clause to be void.
17.4 To the maximum extent permitted by law, the Seller excludes all conditions and warranties implied into these terms of sale and limit its liability for breach of any non-excludable condition and warranty, at the Seller’s option, to:
17.4.1 in respect of goods:
220.127.116.11 repairing the relevant goods;
18.104.22.168 paying the cost of having the relevant goods repaired;
22.214.171.124 request the return of the goods and tender to the Buyer the purchase price paid by the Buyer; or
126.96.36.199 resupplying the relevant goods or equivalent goods;
17.4.2 in respect of services, resupplying the relevant services.
17.5 The Seller’s total liability under any contract and these terms of sale shall not exceed the total dollar amount of the specific Goods and/or Services purchased by the Buyer subject to the warranty or related claim.
17.6 The parties agree that if any limitation or exclusion of liability under these terms of sale is held to be invalid under any applicable statute or rule of law, it will to that extent be omitted.
18 . General
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
18.3 The Buyer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Buyer by the Seller.
18.4 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
18.5 The Buyer agrees that the Seller may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change.
18.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
18.7 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.