website terms and conditions
1. About the Website
1.1. Welcome to www.elizabethdavis.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products), and to browse and purchase services offered by Elizabeth Davis (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2. The Website is operated by Elizabeth Davis (ABN: 34 170 878 544) (Elizabeth Davis). Access to and use of the Website, or any of its associated Products or Services, is provided by Elizabeth Davis. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Purchase Services, immediately.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) Business name
(b) Business address
(c) ABN
(d) Email address
(e) Preferred username
(f) Mailing address
(g) Telephone number
(h) Password
3.2. You warrant that any information you give to Elizabeth Davis in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Elizabeth Davis; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member of the Website, you agree to comply with the following:
4.1. You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Elizabeth Davis of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Elizabeth Davis providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
5.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
5.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.4. Following payment of the Purchase Price being confirmed by Elizabeth Davis, you will be issued with a receipt to confirm that the payment has been received and Elizabeth Davis may record your purchase details for future use.
5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and Purchase Services tax as defined in A New Tax System (Goods and Purchase Services Tax) Act 1999, exclusive amounts.
5.6. Elizabeth Davis does not provide refunds for any Products. Please keep that in mind when making a purchase.
5.7. Elizabeth Davis reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
6. Returns Policy
6.1. Elizabeth Davis wants you to be satisfied with your Product. If you have any issues with Elizabeth Davis Products, please e-mail support@elizabethdavis.com.au.
6.2. If you have received the incorrect item Elizabeth Davis will provide a refund on the return of the Product. To request a refund and organize a return please e-mail support@elizabethdavis.com.au with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product. The returned Product must be unopened, and in its original saleable condition. You are liable for all shipping costs incurred when returning the Product back to Elizabeth Davis.
6.3. Elizabeth Davis does not provide refunds for change of mind.
6.4. Elizabeth Davis does not provide refunds for sale items, for any reason.
6.5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
6.6. In the following situations, no refund or return will be available:
a. Denied acceptance of delivery by receiver;
b. Inaccurate delivery address;
c. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Elizabeth Davis for a return fee charged to the initial payment method.
7. Shipping and Product Delivery
7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Elizabeth Davis is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Elizabeth Davis will strive to meet the requirements of your anticipated delivery date. However, Elizabeth Davis will not be liable for any losses you suffer due to a delay.
7.2. You acknowledge that the Purchase Services offered by Elizabeth Davis integrate delivery through the use of third party delivery companies (Delivery Service Providers).
7.3. In providing the Purchase Services, Elizabeth Davis may provide you with a variety of delivery options offered as part of the Delivery Purchase Services by the Delivery Service Providers. You acknowledge and agree that Elizabeth Davis is not the provider of these options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Purchase Services.
7.4. Elizabeth Davis currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Elizabeth Davis can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.
7.5. In the event that an item is lost or damaged in the course of the Delivery Purchase Services, Elizabeth Davis asks that you:
(a) contact the Delivery Service Provider directly to request a refund; and
(b) contact us by sending an email to support@elizabethdavis.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Use of Products
8.1. By purchasing a Product from Elizabeth Davis, you acknowledge and understand that Products are not framed, and if you require framing, you will arrange for this separately.
9. Warranty
9.1. Elizabeth Davis’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
9.2. If you have received a Product that you believe is faulty or defective, please contact support@elizabethdavis.com.au with photographic proof.
10. Information and Product Disclaimer
10.1. Any information provided to you by Elizabeth Davis regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
10.2. Elizabeth Davis makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
11. Copyright and Intellectual Property
11.1. The Website, the Purchase Services and all of the related Products and Services of Elizabeth Davis are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Purchase Services, Products, Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by Elizabeth Davis or its contributors.
11.1. Elizabeth Davis retains all rights, title and interest in and to the Website and all related content, Products and Services. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Elizabeth Davis; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) any intellectual property in any material whatsoever provided to You.
11.2. You may not, without the prior written permission of Elizabeth Davis and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. Privacy
Elizabeth Davis takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Elizabeth Davis Privacy Policy found on the Website.
13. Mailing List Registration
13.1. You may be given the option to register for the Elizabeth Davis Mailing List (Mailing List).
13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name.
13.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Elizabeth Davis.
14. Force Majeure
14.1. If circumstances beyond Elizabeth Davis’s control prevent or hinder its provision of the Products or Services, Elizabeth Davis is free from any obligation to provide the Products or Services or to fulfil your order/purchase while those circumstances continue. Elizabeth Davis may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
14.2. Circumstances beyond Elizabeth Davis’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
15. General Disclaimer
15.1. You acknowledge that Elizabeth Davis does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than provided for pursuant to these Terms.
15.2. Elizabeth Davis will make every effort to ensure Products are accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
15.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
15.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Elizabeth Davis will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
15.5. Use of the Website, the Purchase Services, and any of the Products or Services of Elizabeth Davis is at your own risk. Everything on the Website, the Purchase Services, and the Products and Services of Elizabeth Davis, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Elizabeth Davis make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Elizabeth Davis) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Services, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
16. Limitation of Liability
16.1. Elizabeth Davis’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Elizabeth Davis is the resupply of information or Purchase Services to you.
16.2. You expressly understand and agree that Elizabeth Davis, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16.3. Elizabeth Davis is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Elizabeth Davis, by third parties or by any of the Purchase Services offered by Elizabeth Davis.
17. Termination of Contract
17.1. The Terms will continue to apply until terminated by either you or by Elizabeth Davis as set out below.
17.2. If you want to terminate the Terms, you may do so by:
(a) notifying Elizabeth Davis at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Elizabeth Davis has made this option available to you.
17.3. Your notice should be sent, in writing, to Elizabeth Davis via email to support@elizabethdavis.com.au.
17.4. Elizabeth Davis may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Elizabeth Davis is required to do so by law;
(c) the partner with whom Elizabeth Davis offered the Purchase Services to you has terminated its relationship with Elizabeth Davis or ceased to offer the Purchase Services to you;
(d) Elizabeth Davis is transitioning to no longer providing the Purchase Services to the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Elizabeth Davis is, in the opinion of Elizabeth Davis, no longer commercially viable.
17.5. Subject to local applicable laws, Elizabeth Davis reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Elizabeth Davis’s name or reputation or violates the rights of those of another party.
17.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Elizabeth Davis have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.
18. Indemnity
18.1. You agree to indemnify Elizabeth Davis, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
19. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.
20. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales.
21. Independent Legal Advice
Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice
22. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
