These terms and conditions regulate the business relationship between you and me. By using My Website in any way, or by buying from me, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. I look forward to seeing you again when you are over 18.
I am: Jo Wilson trading as Jo Wilson Design
You are: a visitor to My Website / my customer
The terms and conditions:
In this agreement:
|“Carrier”||means any person or business contracted by me to carry Goods from me to you.|
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means any content in any form published on My Website by me or any third party with my consent.|
|“Goods”||means any of the goods I offer for sale on My Website, or, if the context requires, goods I sell to you.|
|“My Website”||means any website of mine, and includes all web pages controlled by me.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to My Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In this agreement unless the context otherwise requires:
- a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- these terms and conditions apply to all supplies of Goods by me to any customer. They prevail over any terms proposed by you.
- any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
- in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
- the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
- a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
- in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $100 per hour.
- these terms and conditions apply in any event to you as a buyer or prospective buyer of my Goods and so far as the context allows, to you as a visitor to My Website.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. My contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use My Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because I rely on my suppliers, I do not guarantee that Goods advertised on My Website are available. I may change these terms from time to time. The terms that apply to you are those posted here on My Website on the day you order Goods.
- The price of Goods may be changed by me at any time. I will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from me under any arrangement which does not involve your payment via My Website; these terms still apply so far as they can be applied.
- I do not sell the Goods in all countries. I may refuse to deliver the Goods if you live in a country I do not serve.
4. Acceptance of your order
- Your order is an offer to buy from me. Nothing said or done by me is an acceptance of an order until I confirm acceptance in writing, referring to the order.
- At any time before the Goods are despatched, I may decline to supply the Goods to you without giving any reason.
- If I do not have all of the Goods you order in stock, I will offer you alternatives. If this happens you may:
- accept the alternatives I offer;
- cancel all or part of your order.
5. Price and Payment
- The price payable for the Goods that you order is clearly set out on My Website.
- It is possible that the price may have increased from that posted on My Website. If that happens, I will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- Prices does not include goods and services tax (“GST”). If you show by your delivery address that you reside outside the Commonwealth of Australia, GST will be deducted at the payment point.
- Bank charges by the receiving bank on payments to me will be borne by me. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
- Any information given by me in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, I have under-priced Goods, I will not be liable to supply that those Goods to you at the stated price, provided that I notify you before I dispatch it to you.
- The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of My Website before I ask you to pay.
- If I owe you money (for this or any other reason), I will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when I accept that repayment is due.
6. Security of your credit card
I take care to make My Website safe for you to use.
- Card payments are not processed through pages controlled by me. I use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked me to remember your credit card details in readiness for your next purchase or subscription, I will securely store your payment details on my system. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. Delivery and pick up
- Goods are delivered within 30 days from the day you place an order to purchase the Goods.
- Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
- If I am not able to deliver your Goods within 30 days of the date of your order, I shall notify you by e-mail to arrange another date for delivery.
- I may deliver the Goods in instalments if they are not all available at the same time for delivery.
- When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must immediately contact me so that I may dispatch a replacement quickly and minimise your inconvenience.
- Signing “Unchecked”, “Not Checked” or similar is not acceptable.
- If goods are sent by post, I will send you a message by email to tell you when we have despatched your order.
- If I agree with you to deliver on a particular day or at a particular time, I will do my best to comply. But no time given is to be treated as contractual. So I am not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
- Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
- Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8. Foreign taxes and duties
- If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9. Liability for subsequent defects
- I will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010or which show a defect. If you claim that the item is defective, the following conditions apply:
- the defect must be reported to me within four weeks of becoming apparent;
- the defect results only from faulty design or manufacture;
- you have returned the defective Goods or parts to me if I have so requested.
- If I agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
- If I repair or replace the Goods, you have no additional claim against me either under this agreement or by statute or common law, in respect of the defect.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
- I do not accept returns unless there was a defect in the Goods at the time of purchase, or I have agreed in correspondence that you may return them.
- Before you return the Goods to me, please carefully re-read the instructions and check that you have assembled it correctly.
- The Goods must be returned to me as soon as any defect is discovered but not later than 15 days.
- So far as possible, Goods should be returned:
- with both Goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk and cost.
- You must tell us by email message to firstname.lastname@example.org that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. I will then issue a returns note. If you send Goods to me without a returns note, I may not be able to identify sufficient details to enable me to attend to your complaint.
- In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
- If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.
- If we agree that the Goods are faulty, we will:
- refund the cost of return carriage;
- repair or replace the Goods as we choose.
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
- Myself or my Content suppliers may make improvements or changes to My Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. I would be grateful if you bring to my immediate attention, any that you find.
- I give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on My Website;
- non-infringement of any right.
- I am not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of My Website or the purchase of Goods.
- Except in the case of liability for personal injury or death, my liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
12. Your account with me
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. I need this information to provide you with the Goods.
- If you use My Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell me immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Restrictions on what you may Post to My Website
You agree that you will not use or allow anyone else to use My Website to Post Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from me or that you are connected with me or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as I designate;
- link to any of the material specified above, in this paragraph;
- send age-inappropriate communications or Content to anyone under the age of 18.
14. Your Posting: restricted content
In connection with the restrictions set out below, I may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by me;
- keywords or words repeated, which are irrelevant to the Content Posted;
- the name, logo or trademark of any organisation other than yours;
- inaccurate, false, or misleading information.
15. How I handle your Content
- If you Post Content to any public area of My Website it becomes available in the public domain. I have no control who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- I need the freedom to be able to publicise my Services and your own use of them. You therefore now irrevocably grant me the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on My Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
- I will use that licence only for commercial purposes of the business of My Website and will stop using it after a commercially reasonable period of time.
- You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
- You now irrevocably authorise me to publish feedback, comments and ratings about your activity through My Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. I have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify me of any security breach or unauthorised use of your account.
- I do not solicit ideas or text for improvement of my Service, but if you do send to me material of any sort, you are deemed to have granted me a licence to use it in the terms set out at sub paragraph above.
16. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on My Website for any purpose.
- I am under no obligation to monitor or record the activity of any customer for any purpose, nor do I assume any responsibility to monitor or police Internet-related activities. However, I may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- Your claim or complaint must be submitted to me in the form available on My Website, or contain the same information as that requested in my form. It must be sent to me by post or email.
- I shall remove the offending Content as soon as I am reasonably able;
- after I receive notice of a claim or complaint, I shall investigate so far as I alone decide;
- I may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using my form of complaint or not, you now irrevocably grant to me a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay me the cost of our investigation including legal fees, if any.
17. Security of My Website
If you violate My Website I shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of My Website, or any software used within it.
- link to My Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of My Website, without my express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about My Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from My Website, other than as permitted by this agreement or as is reasonably necessary for your use of My Website;
- share with a third party any login credentials to My Website.
- Despite the above terms, I now grant a licence to you to:
- create a hyperlink to My Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying me or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of mine as part of the link without my express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of My Website.
You agree to indemnify me against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Goods;
- a breach of the intellectual property rights of any person.
19. Intellectual Property
- I will defend the intellectual property rights in connection with my Goods and My Website, including copyright in the Content whether provided by me or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use my name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20. Miscellaneous matters
- When I communicate with you I do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where I provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon myself in respect of those goods or that service.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
|It shall be deemed to have been delivered:|
|if delivered by hand: on the day of delivery;|
|if sent by post to the correct address: within 72 hours of posting;|
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 72 hours if no notice of non-receipt has been received by the sender.|
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia.