Terms & Conditions
LAKE VESSEL - Online Terms and Conditions
VERSION 1- last updated 22 May 2014
A. These Online Terms and Conditions (“T&Cs”) apply to the agreement (“Agreement”).for the purchase and sale of the Goods between the customer (“You”) and Us (Lake Vessel) that is created when You order and pay for the Goods from Us via Our website http://lakevessel.com.au (“Website”).
B. In addition to these T&Cs, the following are incorporated into the Agreement:
- Our Returns Policy,
both of which are available for viewing on Our Website.
1. Definitions and Interpretation
1.1 The following definitions apply to these T&Cs:
- Agreement has the meaning given in Background Paragraph A.
- Background Paragraph means a paragraph of the section titled “Background” at the beginning of these T&Cs.
- Delivery Address means the address You advise Us for the purpose of delivery of the Goods at the time You submit Your Order.
- Delivery Agent means Australia Post or another carrier which We select to deliver the Goods to You.
- Delivery Fee means the fee charged by the Delivery Agent to deliver the Goods to You. In the case of Australia Post, it means the applicable postal charges.
- Goods mean the goods that are the subject of any particular Order submitted by You to Us.
- “items” refers to items advertised or sold by Us that make up the Goods in Your Order, both before and after you have selected the items;
- GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Law means the law in force in the State of Western Australia, Australia, including the laws of the Commonwealth of Australia.
- Loss includes any loss, damage or injury in relation to which a claim for compensation could be made under the Law, and also includes all associated costs, such as investigation costs and legal expenses.
- Order means Your order for the Goods, submitted online to Us via the Website.
- Personal Information has the meaning given in the Privacy Act 1988 (Cth).
- Price means the price You pay for the Goods when submitting Your Order.
- Returns Policy means the related policy that describes how We will process returned goods and pay refunds to You, which is also available on the Website.
- T&Cs or Terms and Conditions means these terms and conditions, which form part of the Agreement.
- Lake Vessel means HELENA ZIELINSKI of PO Box 417, Mundaring, 6073, Western Australia, Australia, (ABN 77 140 667 012), trading as “Lake Vessel”.
- Website refers to Our website identified in Background Paragraph A.
- We, Us, and Our refer to Lake Vessel.
- You and Your refer to the purchaser of the Goods via Our Website who is a Party to the Agreement, and who is referred to in Background Paragraph A.
1.2 The rules of interpretation set forth in the Acts Interpretation Act 1901 (Cth) will apply to these T&Cs, with any necessary modifications, except where displaced by a principle of interpretation expressly stated here.
1.3 While we have endeavoured to ensure that the Returns Policy is consistent with these Terms of Conditions, in the event of any discrepancy in language between the two, the Terms and Conditions will prevail.
2. Application of T&Cs
2.1 These T&Cs will apply and bind You and Us when You submit an Order via the Website.
2.2 Each separate Order that You submit will create a separate Agreement incorporating these T&Cs and the other policies identified in Background Paragraph B.
3.1 An Order submitted by You constitutes an offer to:
- purchase the relevant Goods for the Price; and
- also pay the applicable Delivery Fee.
3.2 You will submit each Order via the online form provided for that purpose on the Website. We may request You to provide additional information relevant to the processing of an Order by means other than the Website.
3.3 When submitting an Order, You will provide only accurate and true information, and must provide all information indicated on the Website as required.
3.4 We disclaim all liability for any Loss suffered by You or any other person as a result of incomplete, untrue or inaccurate information provided by You when submitting an Order.
3.5 By submitting an Order, You warrant that You have full legal capacity to enter into the Agreement.
3.6 Once You submit an Order, You may cancel or change the order only as permitted by these T&Cs, and may return the Goods and receive a refund as permitted by the Returns Policy.
3.7 Where You submit multiple Orders, the full applicable Delivery Fee will be charged for each Order unless We decide, in Our absolute discretion, that it is feasible, convenient and economical for Us to group Your deliveries into fewer deliveries or one delivery.
3.8 We will issue You with an identification number for Your Order when it is submitted, and You will quote this number in Your communications with Us about the Order.
4. Processing of Orders
4.1 After You submit an Order, We will either accept the Order, in which case an Agreement is created between You and Us as defined in Background Paragraph A, or We will reject the Order.
4.2 We reserve the right to accept or reject Your Order for any reason. The reasons why We may reject an Order include but are not limited to any one or any combination of the following: We no longer have the Goods item(s) ordered in stock, or cannot obtain them from Our supplier; We are unable to process Your payment or Your payment was refused by Our bank; We are unable to contact You to discuss an aspect of Your Order that in Our absolute discretion We consider must be clarified prior to filling the Order; We are no longer supplying the particular Goods item(s) that You have ordered; We are unable to ship the Goods to you in a safe or cost-efficient manner; you are not over 18 years of age or otherwise have no legal capacity to make a contract; the Goods have been erroneously advertised on the Website with respect to the Price, availability, or any other significant feature; or, our capacity to fill your Order has been interrupted or prevented by events or persons beyond our control.
4.3 You will be notified by e-mail as soon as is practicable if We reject Your Order.
4.4 We disclaim any liability for Loss suffered by You or any other person because of the rejection of an Order.
4.5 If We reject an Order after Your payment has been processed, We will refund Your payment at the earliest practicable time, in accordance with these T&Cs.
5. Supply of Goods
5.1 If We accept Your Order, We will field the Order and send the ordered Goods to You via Our Delivery Agent at the earliest practicable opportunity.
5.2 If, for any reason, any Goods items(s) included in an Order are temporarily unavailable, for example, because they are out of stock, and We are unable to fill all or part of Your Order, We will use Our reasonable endeavours to contact You within a reasonable time to discuss Your options and ascertain Your preference for how the matter should be resolved.
5.3 We reserve the right to manage Our inventory in whatever manner We consider appropriate, in Our absolute discretion, and disclaim all liability for any Loss claimed to have been incurred by You or any other person arising from Our withdrawal or the unavailability of any stock items from Our inventory, regardless of whether Your Order has been accepted already or not.
5.4 You acknowledge that any photographs and descriptions of stock items appearing on Our Website are illustrative and may not conform in every respect with the actual items that You receive for Your Order. You agree that any minor or non-material discrepancies between the items as shown on the website and the actual items You receive will not be regarded by You as being a breach of the Agreement, or to entitle You to compensation or damages.
5.5 In the event that any stock item is advertised for sale on the Website erroneously, whether in relation to availability or price or some other characteristic, and regardless of who is responsible for the error, then, unless We are otherwise compelled by Law, We reserve the right to reject Your Order in respect of that stock item.
5.6 You acknowledge that You select the stock items included in Your Order without any reliance upon Our advice, and You hereby release Us from any claims that You may have for any Loss incurred by You or any other person arising from Your choice of the stock item(s) included in Your Order.
6. Processing of Payments
6.1 You will pay the Price quoted on the Website for any Goods item(s) included in Your Order, which is subject to modification as follows: (a) where a promotional price or discount is being offered by Us for a stock item, including any offer sent to You by e-mail, You may pay that lower price if You comply fully with all conditions of the promotion or discount offer, including, where required, by quoting a code when You submit an Order; (b) any references to time limits in promotional or discount offers made by Us are expressed in Australian Western Standard Time; (c) We reserve the right to discontinue a promotion or discount at any time; (d) Prices quoted on the Website are in Australian dollars (AUD); and (e) where GST applies to Your payment for Your Order because it is a taxable supply, the applicable amount of GST will be advised in conjunction with each Price on an inclusive or exclusive basis, according to Our preference, and you agree to pay the GST as part of the Price, and clause 6.6 will apply.
6.2 The basis for the Delivery Fee applicable to Your Order, whether the items are to be delivered singly or together, and whether on one occasion or on multiple occasions, will be advised to You via the Website prior to You completing Your Order.
6.3 You are able to pay for Your Order, including the price of the Goods and the Delivery Fee, by the methods provided on Our website. Where that method is administered by a payment system provided by a third party, such as a bank, We disclaim responsibility for the malfunction of that system and any Loss resulting to You or any person from that malfunction.
6.4 Your payment must clear the payment system before We send the Goods to be delivered to You. If the payment using the method You have chosen cannot be completed within a reasonable time, then We are entitled to reject Your Order under clause 4.2. If Your payment is delayed We will use Our best endeavours to offer You an alternative payment method.
6.5 We will notify You if Your payment is accepted, rejected or delayed, and also if Your Order is rejected because of a delay in payment including Your failure to implement an alternative payment method in the case of a delay in effect of Your first chosen method.
6.6 If GST is included in the Price, We will provide You with a tax invoice that complies with the Law in respect of Your Order.
6.7 If we provide a facility for you to You pay for Your Order by credit card, We may add a reasonable administration fee to cover the cost of providing you with that payment facility.
7. Website Usage
7.1 You will comply with the Website TOU if there is such a TOU, in addition to the principles set out in clause 7.3 below, in every respect and on every occasion on which You use the Website, to place an Order or otherwise.
7.2 A violation of the Website TOU (where such a TOU applies,) and clause 7.3, in particular through any activity by You that causes harm to the Website, Us, or other users of the Website, will be a fundamental breach of this Agreement and will entitle Us to terminate the Agreement immediately without notice to You and to reject Your Order.
7.3 The following terms apply to your use of the Website (and may apply in addition to the terms of any TOU):
(a) You may use the Website only for the purposes of viewing our product range, reading information provided on the Website, placing an Order and communicating with Us, and (if we provide such a facility) leaving comments or queries, and You are hereby granted a licence by Us to use the Website only for these limited reasons;
(b) You must not damage the Website in any manner or use it for any malicious purpose or other purpose not expressly authorised by Us;
(c) We assert copyright over the contents of the Website except for any items identified as belonging to third parties, such as advertisements, and You may not plagiarise or copy any part of Our content in breach of the Copyright Act 1968 (Cth);
(d) You must not data mine, meta-tag or mirror the Website or any part of its contents without our prior, express written consent; and
(e) in this clause, “contents” includes all components of the Website, not limited to: readable text, HTML code, graphics, photographs, and structural components such as themes, colour schemes or layout designs, and including elements that are owned by third parties and used by Us under licence.
7.4 If the Website includes hyperlinks to other websites owned or operated by third parties, the links are provided for Your convenience only, and do not in themselves constitute, and are not intended to constitute, an endorsement, sponsorship or approval by Us of the third party and its services or products, but are only intended to provide access to information existing elsewhere on the world wide web, in respect of which You acknowledge We are unlikely to have any control or influence.
7.5 If the Website includes any affiliate marketing advertisements placed by third parties, the disclaimers stated in clause 7.4 apply equally to those advertisements.
7.6 Where the Website includes embedded services or links to a platform operated or provided by a third party, such as vending and payment facilities, you acknowledge and agree that these services and facilities are not under Our control, and therefore that We are not responsible for malfunctions or errors You may experience with these services and facilities. Please report any problems to us so that we can promptly take appropriate action to assist you.
7.7 You hereby release us from all claims for Loss that you may have or in future have in relation to any malfunction or error referred to in clause 7.6.
7.8 You hereby indemnify us and will continue to indemnify us against any Loss caused to any person by reason of your misuse or fraudulent use of a service or facility of the type referred to in clause 7.6.
8.1 We will deliver the Goods to You at the Delivery Address, via the Delivery Agent, within a reasonable time of processing your payment for your Order.
8.2 If the Delivery Address as advised by You at the time of submitting Your Order is incorrect, or if for any reason You subsequently request Us to change the address at which You want the Goods delivered, We reserve the right to charge You for any additional costs incurred in delivering the Goods to You at Your correct or changed address.
8.3 You agree that:
(a) the Goods will be delivered to You, or to another person or entity at Your direction, by the Delivery Agent;
(b) We declare that We have selected or will select the Delivery Agent, who is an independent contractor, on factors including reliability of service, but You agree that We will not be responsible for any actions or omissions of the Delivery Agent that cannot be avoided by the exercise of reasonable care on Our part; and
(c) All risk of Loss in relation to the Goods comprised in your Order passes to You when we despatch the Goods for delivery by transferring possession or control of them to the Deliver Agent.
8.4 If the Delivery Agent requires an indication of Your preference for when You would like to receive delivery of the Goods, We will request You to provide this indication when submitting Your Order and We will communicate this to the Delivery Agent. We cannot guarantee that the Delivery Agent will be able to comply with Your preference, and We disclaim liability for any Loss arising from the non-compliance by the Delivery Agent with Your direction.
8.5 Through the Website We will inform You of the approximate expected delivery time for the item(s) in Your Order. We disclaim any guarantee that the delivery will actually occur during this time period, and will not be responsible for any Loss caused by any delay in delivery except where directly caused by Our negligence. In the event of a delay, You must deal directly with the Delivery Agent to resolve any queries.
8.6 Where the Goods include multiple items that We and/or the Delivery Agent decide will be delivered to You separately, We do not guarantee that the items will be delivered to You at the same time.
8.7 If the costs of delivery of Your Goods item(s) increases after You submit Your Order, We will advise You of this increase and give You the option to cancel the Order without penalty.
8.8 You will comply with all reasonable requests made by the Delivery Agent, including but not limited to the provision of adequate personal identification, the signature of an acknowledgement of delivery, and the attendance of a person to receive the delivery of the Goods.
8.9 You must advise of all factors that could obstruct or prevent the delivery of the Goods, and, if in Our opinion or the opinion of the Delivery Agent those factors make the delivery unreasonably impractical, We may reject the Order on that basis.
8.10 You will inspect the Goods upon delivery to check that they conform to Your Order and have not been damaged in transit. You acknowledge that if You fail to make this inspection and to detect any damage, We cannot know whether any damage sustained by the Goods occurred before or after the delivery. In that event, You agree that We reserve the right to not accept liability for the damage.
8.11 If insurance for the Goods while in transit and/or fast delivery of the Goods can be provided by or through the Delivery Agent, We will endeavour to indicate that to You at the time You submit Your Order.
8.12 If any item(s) included in the Goods You order are recalled by the manufacturer after You submit Your Order but before delivery, or if the sale is banned by any Law, We will reject the Order and refund Your payment. If any Goods are recalled after delivery, You and We will comply with the requirements of the entity that recalls the Goods, for example the manufacturer or a government authority.
8.13 You acknowledge that after the Goods leave Our possession, We do not have control over them, and that You agree that You will assume title to the Goods from the time possession of the Goods transfers to the Delivery Agent until the Goods are returned to Us, if at all, under clause 8.15 below.
8.14 Where Goods are returned to Us under Our Returns Policy, and We accept those Goods after inspection, title and risk returns to Us.
8.15 You acknowledge that normally Our Website will indicate how many pieces of a particular item are in stock and available for purchase by You. While We will endeavour to ensure that this information is accurate and up-to-date, You agree that we do not guarantee the accuracy of that information, and will not be liable to You for any Loss occasioned by your reliance on that information.
8.16 You acknowledge that normally items that We sell from our Website will not be certified in Australia for safety compliance. You agree that We will be entitled to rely on our actual knowledge of any safety problems with any item in the absence of any accurate, readily available, or cost-efficient method for Us to test or inspect that item.
9. Cancellation and Returns
9.1 You do not have an automatic right to cancel or change an Order after you submit it. If You contact Us after submitting an Order, We may, in Our absolute discretion, agree to cancel or change an Order.
9.2 Goods may be returned by You in compliance with Our Returns Policy, which is incorporated into the Agreement.
10. Personal Information
11. Exclusion of Warranties; Release; Contribution
11.1 We provide the following express warranties in relation to the Goods, for one year from the date your Order is despatched by us, in addition to any warranties imposed by operation of Law:
- the Goods are free from any defects known to us, or that could be discovered by Us exercising reasonable care, having regard to the information in our possession subject to clause 8.16;
- the Goods are suitable for any purposes for which they are advertised on Our Website as being suitable; and
- the Goods are of merchantable quality.
11.2 To the fullest extent permitted by Law, You hereby release Us from all claims that You may have at any time for any Loss arising in relation to the Goods and the Agreement other than because of a Loss attributable to a breach of the warranty described in clause 11.1.
11.3 Where We are liable to You for any Loss in relation to the Goods and the Agreement, You agree that Our liability will be excluded to the extent that You caused or contributed to Your Loss, and also reduced to the extent that you failed to mitigate that Loss.
11.4 We accept no responsibility for Loss to you as described in clause 14, and you hereby release us from any such liability.
11.5 You acknowledge that our products that are made using natural pigments are subject to fading in a manner different to products made with artificial pigments, and you agree that the tendency of our naturally pigmented products to fade does not constitute a manufacturing defect.
12. Termination of Agreement
12.1 We may immediately terminate the Agreement at any time without prior notice to You if We reasonably believe You have breached these T&Cs or the Website TOU (where such a TOU applies).
12.2 We may terminate the Agreement in Our discretion, at any time, without cause, by giving You notice of that termination.
12.3 You may terminate the Agreement at any time, without cause, by giving Us notice of the termination, but You will not be entitled to a refund automatically unless the Law requires it. If You terminate the Agreement and the Law does not impose on Us an obligation to give You a refund, We will refund Your payment to You only if We consider, in Our discretion, that the circumstances justify a refund, and may, if We give You a refund, deduct and retain a reasonable administrative charge first.
12.4 Termination of the Agreement by You will not affect Your obligation to pay Us any money that You owe Us.
12.5 If We terminate the Agreement, We will refund any money You have paid Us, except where You have caused damage to the Website or otherwise have caused Us financial loss, in which case You agree that We may retain Your payment and off-set it against any claim We have against You.
13.1 Any part of these T&Cs that is illegal, invalid or unenforceable will be regarded as deleted without affecting the remaining terms of the Agreement, which will remain binding on You and Us.
13.2 A delay or failure by You or Us to exercise a right or remedy under these T&Cs will not be held to constitute a waiver of that right on any other occasion.
13.3 The Agreement, including these T&Cs, will be governed by the Law, and We and You submit to the jurisdiction of the courts of Western Australia in all matters arising under the Agreement.
13.4 You and We may communicate with one another, for the purposes of this Agreement, by e mail.
13.5 If You have any dispute with Us regarding the Goods, Your Order, or the Agreement (including these T&Cs), You agree that You must bring the dispute to Our attention and attempt in good faith to resolve the dispute by negotiation under Our complaints resolution procedure, and if that fails, either You or We can refer the dispute to an independent accredited mediator and You and We will participate in mediation in good faith to resolve the dispute, and that neither You or We may litigate the dispute, except for urgent injunctions, unless You and We have first complied with the negotiation and mediation requirements of this clause. 13.5 We may, from time to time, vary these T&Cs, in Our absolute discretion, in which case the varied T&Cs will apply to any new Order made by You following the time when the variation takes effect. NOTE: The version of these T&Cs that is current at the time you make an Order is the one that applies to your Order and that comprises part of the Agreement as described in Background paragraph A.
14. Third Party Involvement
14.1 We do not accept any liability for any Loss experienced by You or any other person arising from the negligent or illegal acts or omissions of any technician, tradesperson or other third party who installs or handles or modifies any Goods for You at Your request.
14.2 You acknowledge that it is Your responsibility to ensure that all persons whom You engage to assist You with the Goods, not limited to the categories of persons described in clause 14.1, are properly qualified, competent, and do not mishandle of damage or incorrectly install or modify the Goods.
14.3 We may include a “Services” page on our Website or show advertisements such as business cards or banner, where third parties who are our business partners may advertise their goods and services. We will endeavour to ensure that only reputable goods and services providers are displayed on our Website, however, We cannot and do not guarantee the quality of their goods or services, particularly if the advertisements are placed there by an advertising or affiliate marketing agent rather than directly by Us. Accordingly, You acknowledge and agree that the presence of any third party advertising on Our Website in and of itself does not imply any endorsement of the relevant third parties by Us or any guarantee or opinion regarding the quality or suitability for Your purposes of their goods or services.
Questions: If You have any questions about these terms and conditions, please email Us at: firstname.lastname@example.org