TERMS & CONDITIONS
1. DEFINED TERMS AND INTERPRETATION
In these Terms and Conditions:
(a) “Business Day” means any day that is not a Saturday, Sunday or gazetted public holiday in Queensland, Australia;
(b) “Customer” means any user of the Website who contracts with Liz Atherton to purchase any goods through the Website;
(c) "Liz Atherton Pty Ltd" means the owner and operator of the Website and any entity to which it transfers its rights and obligations under these Terms and Conditions;
(d) “Goods” means any of the goods bought by the customer through the Website;
(e) “Services” means access to the Website and provision of goods available through the Website;
(f) “Supplier” means any supplier, if any, with whom Liz Atherton contracts to deliver the goods to the Customer;
(g) “Terms and Conditions” means these terms in this document regarding the sale of goods by Liz Atherton to the Customer;
(h) “we”, “our” and/or “us” refers to Liz Atherton;
(i) “Website” means the website owned and operated by Liz Atherton being the website at https://lizatherton.com
(j) “you” refers to the Customer or proposed Customer of Liz Atherton;
(k) any reference to the singular includes the plural and vice versa.
2. ACCESS TO AND CONTENT OF WEBSITE
2.1 Liz Atherton will provide the Services through the Website.
2.2 Liz Atherton reserves the right to withdraw or amend the Services without notice.
2.3 Liz Atherton:
(a) will not be liable if for any reason the Website is unavailable at any time or for any period; and
(b) may restrict access to some parts or to all of the Website.
3.1 Your permission to use the Website is conditional upon your compliance with the restrictions in clause 3.2.
3.2 In relation to your use of the Website, you must not:
(a) misuse the Website;
(b) commit or encourage a criminal offence;
(c) transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(d) hack into any aspect of the Service;
(e) corrupt data;
(f) cause annoyance to other users;
(g) infringe upon the rights of any other person’s proprietary rights;
(h) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(i) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.
3.3 Liz Atherton may report any breach in clause 3.2 to the relevant law enforcement authorities and may disclose your identity to those authorities.
4.1 By using the Website and hence accepting these Terms and Conditions, you warrant and represent to Liz Atherton that:
(a) you will not use the Website in any manner which may cause damage to Liz Atherton or bring Liz Atherton into disrepute; and
(b) your use of the Website will not infringe the rights of any third party.
Where you register for the Services, the following conditions apply.
5.1 You must:
(a) provide us with true and accurate registration information; and
(b) keep any user name and password allocated to you confidential.
5.2 You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Liz Atherton.
5.3 Liz Atherton is entitled to assume that anyone using that user name and password registered to your account is you.
5.4 Liz Atherton reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.
6. TERMS OF SALE
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to these Terms and Conditions.
6.1 Dispatch times
Dispatch times may vary according to availability and any guarantees or representations made by the Supplier.
6.2 Placing orders
(a) When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
(b) When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
6.3 Pricing and availability
(a) Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(b) The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
Goods will not be dispatched until payment has been received by Liz Atherton.
6.5 Passing of Title and Risk
(a) All risk in any goods ordered by the Customer will be deemed to pass to the Customer from the time the goods are loaded or delivered by the Supplier to a courier or carrier consigned to the Customer.
(b) Title in the goods will pass to the Customer on the later of:
(i) delivery of the goods to the Customer; or
(ii) receipt of payment for the goods by Liz Atherton.
6.6 Returns and Collections
(a) Faulty Goods
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law.
(i) You may be entitled to a replacement or refund for a major fault and compensation for any other reasonably foreseeable loss or damage.
(ii) You may be 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 fault under Australian Consumer Law.
(iii) You should contact us straight away if you think there is any fault with the goods that you have received.
(i) Returns will not be accepted if you change your mind or no longer require a good purchased through the Website.
(ii) If you return a good that has a major fault, you are responsible for the costs of returning goods to us unless the costs of doing so are significant.
(iii) Any goods returned are your responsibility until they reach the Supplier. You should package the goods to be returned in appropriate packaging to prevent any damage to the goods or boxes.
(iv) We are not responsible for any goods that are returned to us in error.
(v) Should you need to return any component of your goods, please prepare a clear and legible consignment note complete with the details of the Supplier business address, contact name and phone number which is enclosed with your goods.
7. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
7.1 The intellectual property rights in all software and content made available to you on or through the Website remains the property of Liz Atherton or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Liz Atherton and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
7.2 You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Liz Atherton or its licensors. No licence or consent is granted to you to use these Liz Atherton marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Liz Atherton.
8. LINKING TO THE WEBSITE
8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 You must not establish a link from any website that is not owned by you.
8.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. LIMITATION OF LIABILITY
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms and Conditions or their subject matter, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the maximum extent permitted by law.
9.1 Limitation on liability for quality of products
(a) While we provide information concerning the Services, we have no control over and do not guarantee the quality, safety or legality of items advertised.
(b) We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Services.
9.2 Limitation on liability for other linked sites
9.3 Limitation of liability for remedies
(a) Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods in certain circumstances.
(b) In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be 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.
(c) If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Liz Atherton is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Liz Atherton for breach of the Non-Excludable Provision is limited to one or more of the following at Liz Atherton’s option:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
9.4 Subject to Liz Atherton’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Liz Atherton is not liable for, and no measure of damages will, under any circumstances, include:
(a) special, indirect, consequential, incidental or punitive damages; or
(b) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
9.5 Limitation of liability for your actions
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
If you have a dispute with one or more of our Suppliers, to the extent permitted by law you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms and Conditions, or your infringement of any law or the rights of a third party in the course of using the Website.
12. LEGAL DISPUTES
12.1 If a dispute arises between you and Liz Atherton, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
12.2 These Terms and Conditions will be governed in all respects by the laws of Queensland Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Liz Atherton irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
(a) If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.
(b) In our sole discretion, we may assign or transfer our rights and obligations under these Terms and Conditions to another entity.
(c) Headings are for reference purposes only and do not form part of these Terms and Conditions.
(d) Liz Atherton shall not be deemed to have waived any condition of these Terms and Conditions or agreed to any variation thereof unless you are notified in writing.
(e) Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Liz Atherton.
(f) Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account on the Website.
(g) These Terms and Conditions contain the entire understanding and agreement between you and Liz Atherton. The following clauses survive any termination of these Terms and Conditions:
(i) clause 2,
(ii) clause 9;
(iii) clause 10,
(iv) clause 11; and
(v) clause 12.
Last Updated: 26 February 2019