TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.loveaustraliaorleave.com.au (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions.
1. INFORMATION ABOUT US
www.loveaustraliaorleave.com.au is operated by Love Australia or Leave Party (“We”). We are a political party registered in Australia with the AEC, our ABN number is ABN: 66485256617 and our registered office is at Kelso, Townsville, QLD 4815 Australia. Our postal address PO BOX 10113 Rasmussen QLD 4815. Our email address is email@example.com
2. YOUR. STATUS
By placing an order through our site, you warrant that:
You may only purchase Products from us if:
you are an authorised user of the credit or debit card or payment account (i.e. PayPal) used to pay for your order; and,
are resident in a country that we deliver to such as Australia. If you reside outside of Australia, please email us via the contact page to arrange postage costs outside of Australia.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail).
Prices of all Products must be paid in advance. For this reason, your order will be executed if it is pre-paid. We will not process your order until payment has been received in full. When the payment is received in full amount, we will confirm this to you by sending you a further e-mail confirming we have received payment.
You have the right to cancel your order at any time prior to the delivery and within the limited return period after the delivery as specified in these terms. If you cancel the order before the delivery, you must compensate our expenses incurred by us in connection with our activities at performance of your order. For technical reasons it may be too late to recall a delivery after you cancel the Order. If this is the case, we will give you notice and ask that you return the item when you receive the product. Please do not open the delivery pack.
We offer you to buy a Product at any time unless the information about this Product is removed from our site or the relevant Product page becomes unavailable.
From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes touch upon the product description or other mandatory information to be provided to you under the applicable laws, we will update our site immediately. If it appears necessary to make such changes to an ordered Product, we will inform you prior to the delivery and you will have the right to cancel the order and receive the refund with-out any deductions.
These terms and conditions, and any Contract between us, are in English. Please note that we may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
You may choose the available delivery option that suits you best. The options may vary depending on the delivery address see checkout.
Please be aware that we may use third party delivery services.
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.
You should choose the delivery address and specify it in your order. You should receive the ordered Products personally. If you are unable to do so, the Products may be delivered to another person at your address (usually, one of your family members). The Products will be given to them against the Dispatch Confirmation unless the postal rules or other applicable delivery rules state otherwise. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract.
Delivery of your order will be completed when we deliver the Products as described. They will be your responsibility from that time.
You will own the Products once We have received payment in full.
The images of the Products on our site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print the colours of the Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you.
5. PRICE AND PAYMENT
The price payable for the Products shall be as shown on our site in Australian currency.
We can change the prices on our site at any time without notice, but changes will not affect orders which we have already accepted.
We accept payment by debit card, credit card, or PayPal. We accept the following cards: Visa, VISA, Mastercard, Maestro, American Express.
You must pay for the Products (including all applicable delivery charges), and, if you are paying by card, We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order.
If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
You have 14 days to return your items starting from the day you receive your order. This returns period starts from the date you receive your order. For further information on returns please see our Returns Policy.
7. YOUR RIGHT FOR A REFUND
Refund you the price you paid for the Products. However, please note that we may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
Refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method, we offer to your delivery destination; and
Make any refunds due to you by the method you used for payment:
14 days after the day on which We receive the Products back from you
14 days after you inform us of your decision to cancel the Contract
Please see our Returns Policy here for more information about returns and refunds.
Please send the Products to Love Australia or Leave Party, PO Box 10113 Rasmussen, 4815 QLD.
You must ensure that you return the Products in a marketable condition and with duly consumer performance. You must also attach the order and the Dispatch Confirmation confirming the Conclusion of the Contract in respect of the Products. Otherwise, we may not accept the return.
We will refund you the total amount you paid under the Contract including the prices of the Products and the delivery costs. However, please note that We may reduce your refund to reflect our expenses for the return of the Products from you to us (if any such expenses occurred).
By placing an order, you give us consent to refund (if it appears necessary) by crediting the relevant amount of money to your bank account.
8. FAULTY PRODUCTS
If you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
If you consider that any Product, we have supplied is faulty, defective or mis-described, please notify us using the contact details. You must return such Products to us in accordance with our reasonable instructions and the Returns Policy here, and if the Products are faulty, defective or mis-described we will refund the price of the Products and the cost of delivery to you. As an alternative, you may choose either of the following options in respect of the defective Products:
Request for the repair free of charge or compensate your costs if you assign the repair to a third party; or
(b) Discount from the prices of the defective Products in the amount adequate to the defects; or
(c) Change with the same or similar models and recalculate their prices (if necessary). In case of technically com-plex Products (e.g. watches with two or more functions), this option is available only for material defects.
Save for the above, you should have the right to compensate your losses arising out of selling you the defective Products.
9. OUR RIGHTS TO CANCEL THE CONTRACT
If you do not make any payment in full to us when it is due, we consider this Contract as terminated at your initiative.
We may end the Contract by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you.
If we end the Contract is ended in any of the situations set out in this document, we will refund any money you have paid in advance for the Products. We have not provided but we may deduct or charge you reasonable compensation for the costs losses we will incur as a result of your breaking the Contract.
10. OUR LIABILITY
If We fail to comply with these terms and conditions, we are responsible for loss or damage you suffer
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
11. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident that are of emergency nature, unavoidable, and beyond our reasonable control.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in these terms and conditions.
12. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
13. OTHER IMPORTANT TERMS
Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
If we have to contact you, we will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When we refer in these terms and conditions to “in writing”, this includes e-mail.
We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
By placing an order, you agree that we may transfer our rights and obligations under the Contract to another organisation and you give us a permission to do so. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, we will only do so in writing, and that will not mean that We will automatically waive any later default by you.
Please note that these terms and conditions are governed by Australian law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by Australian law, except that if you are not resident in Australia then Australian law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
14. AFTER-SALES SERVICE
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org
If you have any complaints these should be addressed in writing to Love Australia or Leave Party by email to email@example.com or by post, Love Australia or Leave Party, PO Box 10113, Rasmussen, 4815 QLD.
*Trading Address: Kelso, Townsville, 4815 QLD *POSTAGE: PO Box 10113 Rasmussen,4815 QLD*