Terms and Conditions
Terms of Agreement for online trading between LAUREN CASS (ABN 55 626 100 540) and The user of this website ("You/Your")
Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.
Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by LAUREN CASS.
LAUREN CASS trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by LAUREN CASS.
All rights not expressly granted are reserved.
This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under LAUREN CASS’s direct control and LAUREN CASS accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that LAUREN CASS is entitled to require you to remove any link from another website to this Website which you install without obtaining LAUREN CASS’s prior written consent.
All trademarks, service marks and trade names of LAUREN CASS used in the site are trademarks or registered trademarks of LAUREN CASS.
You acknowledge that the Products require special maintenance. LAUREN CASS will not be liable for any damage caused by any failure by You to maintain the Product properly.
Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
8.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, LAUREN CASS does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
Limitation of Liability
To the fullest extent permitted by law, LAUREN CASS's liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of LAUREN CASS', to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
LAUREN CASS'’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if LAUREN CASS' has been notified of the possibility of such loss or damage.
9.3 You agree that LAUREN CASS'’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
LAUREN CASS reserves the right to terminate this Agreement at any time.
Subject to a (below) LAUREN CASS shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
a. If the Product has not been delivered to You prior to any termination of this Agreement by LAUREN CASS, LAUREN CASS will refund to You any payment You have made prior to the termination.
The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by LAUREN CASS in writing.
Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
The Agreement will be made on LAUREN CASS‘s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
LAUREN CASS may be notified by email at email@example.com or post to 6/16 Garden st, ALEXANDRIA, NSW 2015, Australia.
Use of Site
You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
You will not violate or attempt to violate the security of the Website. You will not hack into the Website, LAUREN CASSs computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
PLACING AN ORDER AND PAYMENT
By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by LAUREN CASS to You in accordance with the section titled "typographical errors" below.
Payment must be made at the time of submitting the Purchase Order. Payment can be made by credit card. LAUREN CASS accepts Visa and Mastercard. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause. Payment can also be made using PayPal. You warrant that You are an authorised user of the PayPal account.
All Purchase Orders placed through this Website are subject to confirmation and acceptance by LAUREN CASS. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by LAUREN CASS will be upon Your receipt of the email confirming despatch of the Product in accordance with the section titled "delivery" below. LAUREN CASS may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by LAUREN CASS.
The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
The secure credit card payment system is powered by Stripe Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on our website.
LAUREN CASS reserves the right to limit the quantity of items purchased with regards to limited edition and/or exclusive products. The quantity per limited edition items currently stands at ONE unit per customer. It is a condition of this Agreement that you do not resell the Products to a third party.
LAUREN CASS does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by Stripe Payment Systems for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
The Website is owned and operated by LAUREN CASS. This Agreement supersedes all prior agreements and may be revised by LAUREN CASS from time to time.
This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
In the event that a LAUREN CASS product is mistakenly listed at an incorrect price, LAUREN CASS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LAUREN CASS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, LAUREN CASS shall issue a credit to your credit card account in the amount of the incorrect price.
LAUREN CASS delivers to many countries around the world. You should contact firstname.lastname@example.org to confirm availability of shipping to your country prior to submitting the order.
Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. Orders placed outside Australia may be subject to the relevant taxes and duties applicable to the jurisdiction from which the order was placed.
LAUREN CASS uses DHL Express to deliver Products outside of Australia. Delivery of Products within Australia is effected using AUSTRALIA POST.
LAUREN CASS will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.
Expected delivery times are:
a. for international deliveries, 7-10 working days; and
b. within Australia, 2- 3 working days.
The expected delivery times set out above are estimates only. LAUREN CASS will not be liable to You for any loss or damage You suffer if the Product is not delivered within these timeframes.
Australia wide - all deliveries must be signed. Risk and title in the Product will pass to You upon You, or any other person in attendance at the delivery address, signing for receipt of the Product.
If the Product is delivered using Australia Registered Post, and the recipient is not present to receive the Product, it will be delivered to the closest Australia Post outlet.
For international orders, DHL Express shall contact the recipient to arrange for a delivery time. The Postal company may attempt further delivery of the Product to You, however, if this is not effected LAUREN CASS will arrange for the return of the Product to LAUREN CASS and refund the price to You, less any shipping costs incurred by LAUREN CASS, and less relevant taxes and duties applicable to the jurisdiction from which the order was placed.
LAUREN CASS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, LAUREN CASS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, LAUREN CASS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to LAUREN CASS in its sole discretion.
You agree to indemnify, defend, and hold harmless LAUREN CASS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, LAUREN CASS may link to sites operated by third parties. However, even if the third party is affiliated with LAUREN CASS, LAUREN CASS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of LAUREN CASS. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, LAUREN CASS seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).