Terms and Conditions
WEBSITE TERMS AND CONDITIONS OF TRADING 'Terms of Service'
Welcome to the Lilly Pilly Loft website www.lillypillyloft.com.au. This site is owned and operated by Lilly Pilly Loft, ABN 34807968962
Please review the following terms & conditions which are our 'Terms of Service' and govern your use of and purchase of products from our site. By accessing, browsing, or using this site, you acknowledge that you have read, understood, and agree to be bound by these 'Terms of Service'. If you do not agree to these 'Terms of Service', then please do not use this site. Please read through these carefully before making any purchase from this website. Your subsequent acceptance of these terms and conditions will indicate that you have read them.
These terms and conditions may be modified from time to time and your continued use of this site and any subsequent purchases made shall signify your agreement to be bound by any future changes.
GOVERNING LAW
Lilly Pilly Loft Pty Ltd controls and operates this site NSW, Australia. These 'Terms of Service' are governed by the laws of the State of NSW. You and Lilly Pilly Loft agree to submit to the non-exclusive jurisdiction of the courts of the State of NSW. If you choose to access this site from a location other than NSW, you are responsible for compliance with applicable local laws.
COPYRIGHT
Unless otherwise indicated, copyright of our artwork and the information on this web site (including but not limited to; text, images, graphics, logos) is owned by Lilly Pilly Loft. All rights reserved. The contents of our web site are intended solely for your personal, non-commercial use. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose. All designs and photographic material are subject to copyright and are wholly owned by Lilly Pilly Loft. No photographs, graphics, logos, product names used on the Lilly Pilly Loft website may be used without prior written authorisation.
PURCHASING FROM www.lillypillyloft.com.au
BILLING
Lilly Pilly Loft is an online retail shop and as such we only accept payment for your purchase by either Visa© or MasterCard© and PayPal. At times Lilly Pilly Loft may attend markets in NSW. All terms and conditions and copyrights found on this website apply to markets we may attend. Lilly Pilly Loft does not accept payment by cheque or any other method other than payment methods listed above. We do not accept orders by mail, fax, social media messaging or phone. Please ensure you enter your details correctly including your phone number so we can contact you if need be. The name on the credit card used for payment must match the billing name on the order.
CURRENCY
All product and shipping prices quoted on the website are in Australian Dollars (AUD). All transactions are settled in AUD. Credit card providers may charge additional fees, please contact your credit card provider for more information. This is particularly important for overseas purchases as correspondent bank charges and currency conversion fees will most likely apply.
GST & TAXES
All purchases delivered to an Australian postcode incur the standard Government Goods and Service Tax (GST). All prices quoted online include GST.
SHIPPING & ORDER TRACKING
Lilly Pilly Loft will ship Australia wide using Australia Post. Very remote locations may incur additional delivery fees. If you live in these areas, please contact us to discuss further. You must enter your correct delivery address when placing your order. Lilly Pilly Loft will not be responsible for orders being delivered to incorrect addresses, and no refunds will be given. It is your responsibility to remedy this situation with Australia Post. Your delivery MUST be signed for. Any risk will be passed to you and or any other person who signs for the receipt of the delivery. If the parcel can not be signed for, it will be taken to the nearest Australia Post shop. If you opt in for “safe drop”, Lilly Pilly Loft will not be liable for stolen or damaged packages. Please note, we cannot accept responsibility for delays in delivery due to unforeseen circumstances such as natural disaster, strike, transport complications etc. It is your responsibility to provide accurate delivery and address details. Provide detailed delivery instructions if your address is hard to find etc.
WITHIN AUSTRALIA
Your shipping is a flat rate up to a 5kg package. 5kg of stock will not fit into a mailing tube. If your order will not fit in a tube and is under 5kg, it will be sent in a box. If your order is over 5kg, you will be contacted with a new postage quote before we proceed with packing the order. You will be charged the agreed new total price before the order is packed and shipped. We deliver to rural destinations, however delivery times will vary. Remote locations will incur higher shipping fees and longer delivery times. Please contact us to discuss further. For standard Australia Post delivery please allow up to 7 working days for delivery.
PRICES
All prices are in Australian Dollars (AUD) and include Australian taxes (GST).
The prices listed on the website do not include any overseas duties or customs charges which may apply. Any other charges must be paid by you the purchaser. It is your duty to confirm what your government’s additional charges may be.
ORDER CANCELLATIONS
Cancellation by Lilly Pilly Loft: Lilly Pilly Loft reserves the right to cancel any order.
Cancellation by Purchaser: Should you wish to cancel an order after payment has been made, please contact us by e-mail at hello@lillypillyloft.com.au within 12 hours. Cancellation of an order after it has been shipped is not possible. Lilly Pilly Loft does not refund orders that are cancelled due to change of mind.
PHOTO REPRESENTATION
The website offers an accurate as possible representation of the product and its colour. Slight variations in colour may occur in each printing run due to printer inks and paper stock. Colour representation may also vary slightly due to computer image quality and screen settings.
PRODUCT RETURNS
All sales are FINAL. Exchanges/refunds are not accepted, except in the case of defective goods or an incorrect shipment. You must advise Lilly Pilly Loft within five (5) working days of receiving your order if there is a defective item. Your order number is required as well as a photo. Please read the section Refunds and Returns for more information. Please contact us by e-mail hello@lillypillyloft.com.au to obtain a faulty product claim form before sending back your goods. Lilly Pilly Loft at its discretion will ask for the goods to be returned or destroyed. All return freight costs will be borne by Lilly Pilly Loft* To assist with determining what step to take next we will ask you to provide a digital photo sent by email to us of the faulty goods. The item to be returned must be returned with the original packaging intact, and packed safely. Further details will be provided during email communication.
* Lilly Pilly Loft will incur all shipping costs if the item is deemed to be faulty. We will not cover shipping costs for items which are broken or damaged due to mistreatment. Lilly Pilly Loft will assess the goods when they are received and either replace with the same product or if in the event the item is sold out, we will issue you a full refund on the original purchase price OR we will offer the opportunity to exchange the sold out item for another product. Any difference in price to either be credited or charged accordingly. Outcome will be decided on a case by case basic by Lilly Pilly Loft.
GENERAL PROHIBITIONS
You must not up-load, post, transmit or otherwise make available through the site any material which:
• violates or infringes the rights of others (including their privacy and intellectual property rights);
• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• restricts or inhibits any other user from using or enjoying the site;
• affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require Lilly Pilly Loft to take remedial action under any applicable industry code.
INDEMNITY
You agree to indemnify and will keep Lilly Pilly Loft indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Lilly Pilly Loft in connection with your use of this site, your breach of these 'Terms of Service' or your breach of any rights of third parties.
DISCLAIMER OF LIABILITY
To the extent permitted by law, Lilly Pilly Loft will not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
(a) the use, copying, or display of the contents of this site;
(b) goods or services supplied by Lilly Pilly Loft under these 'Terms of Service', or
(c) a failure or omission on the part of Lilly Pilly Loft to comply with its obligations under these 'Terms of Service'.
DISCLAIMER OF WARRANTY
Lilly Pilly Loft is providing this site and its contents on an “as is” basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site. None of Lilly Pilly Loft, its directors, officers, employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Lilly Pilly Loft expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
LIMITATION OF LIABILITY
Our total liability to you (if any) in connection with this site, or with these 'Terms of Service' or any goods or services supplied under them, will be limited, at our election, to:
• in the case of information or services supplied or offered by us - the re-supply of the information or services or payment of the cost of doing this;
• in the case of goods supplied or offered by us – replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; or
• the amount paid by you (if any)
INDEMNITY
You indemnify us, and our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using this site.
RIGHTS WE CANNOT EXCLUDE
The above disclaimer, liability limitation and indemnity do not exclude any rights which by law may not be excluded.
SAFETY, SECURITY & COOKIES
THE SSL CERTIFICATE
Lilly Pilly Loft uses Secure Sockets Layer, 128 bit SSL or higher, which is the standard security technology for creating an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browser remains private and integral. SSL is an industry standard and is used by millions of websites in the protection of their online transactions with their customers. In order to be able to generate an SSL link, a web server requires an SSL Certificate. GeoTrust SSL is such a Certificate, and when installed, can be used to create secure links to protect transactions, passwords, personal details, etc.
COOKIES
Lilly Pilly Loft uses cookies to allow you to sign in to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies are tiny files of information that a web site stores on your computer. Cookies can be very useful to you when you shop online because they allow a website to store a cookie file on your computer which can show:
• What you have in your shopping cart
• What items you have bought before
• Other convenient but non-private information
Just having cookies turned "on" in your browser is not enough as many anti-virus and firewall software packages also block cookies. You must "Allow Cookies" in your web browser set up to be able to shop on the Lilly Pilly Loft website. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes such as when proceeding to a checkout to finalise an order you may wish to make.
PRIVACY POLICY
If you are included on our e-mail list you may opt out of further contact from us by clicking the "unsubscribe" button on all newsletters. More information on Privacy can be found here.
TERMINATION
Your ability to purchase goods from this site may be terminated by Lilly Pilly Loft at any time without notice. All restrictions, granted by you and limitations of Lilly Pilly Loft’s liability will survive termination.
CONTACT US
Please contact us should you have any concerns, questions or need help making a purchase on the website. To contact Lilly Pilly Loft please e-mail in the first instance to hello@lillypillyloft.com.au and we will endeavour to reply to you within 2 business days.
Lilly Pilly Loft is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone.