eCommerce terms & conditions of sale

These are the Terms and Conditions of Sale for Heidi Margaret Eiser trading as Heidi Lou Design (ABN 28 206 865 235) (Heidi Lou Design) on our website, www.heidiloudesign.com, which is owned and operated by Heidi Lou Design (Website). 

Please read these conditions carefully, as theyapply to all transactions between us and can only be waived or varied in writing signed by us.These terms also include our terms of use, disclaimer and privacy policy available on the Website. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these terms and conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

ORDERS AND PAYMENTS

eCommerce

While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or ticket availability issue). 

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been a Website error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or for a different date or event).

Payment

You agree to pay us the price listed on our Website (subject of course to the proviso above, in the case of accidental errors and omissions). You may pay for your order using any method of payment available on our Website from time to time. 

You acknowledge and agree that your payment in full in cleared funds is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also refuse entry to an event unless or until we receive your payment in full.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor (such as PayPal or Afterpay), which are available on their respective Websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this agreement.

Paying with Vouchers

We may from time to time provide customers with vouchers for use on our Website. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply. 

Vouchers are redeemable for products sold by us on our Website only and can’t be applied toward the cost of postage on any order.

Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:

·      you are located outside NSW;

·      we gave the voucher to you for free;

·      we gave the voucher to you in exchange for goods returned us;

·      we gave the voucher to you as part of a customer loyalty or employee rewards program;

·      we gave the voucher to you as part of a temporary marketing promotion as a bonus to the purchase of a good or service;

·      we sold the voucher to you for a particular good or service that is below the market value of the good or service (a genuine discount);

·      we gave the voucher to you as part of a fundraising appeal, including to a charity or not for profit organisation; or

·      the voucher is for a good or service available for a limited time and the voucher expires at the end of that period (for example, a product that is only available for a limited time), in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.

Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption. 

Discounts 

We may offer discounts from time to time. 

Please note that any discounts we do offer are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both). 

Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless we specify otherwise in our offer, discounts are available on full priced goods only and aren’t available on purchases made using gift cards or store credit.

Discount offers are made in our absolute discretion and we reserve the right to revoke any discount offer at any time without notice. 

Store Credit 

We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.

Store credit is redeemable by you at any time. Please contact us if you have any questions about redeeming your store credit.

Intellectual Property

We own all intellectual property rights in works and prints available for purchase on our Website. You acknowledge and agree that all intellectual property rights owned by us before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you. You are not authorised to copy, share, publish or distribute our works or prints, or otherwise infringe on our rights with respect to the works.

POSTAGE AND DELIVERY

We post products within Australia only. 

Dispatch Timeframes

We do our best to get your prints to you as soon as possible. 

Our usual turnaround time to dispatch is 3 days, however this can be longer during busy periods. 

Timeframes are calculated from the date that payment is received, unless that occurs on a Saturday, Sunday, public holiday or any other day on which banks in Brisbane, Queensland are closed, in which case it will be calculated from the next business day.

Please note that these timeframes are estimates and dispatch times will vary depending on how busy we are. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we’re not be liable for any delay in dispatch of your order. 

Delivery Address

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement. 

Domestic Postage

We post our products with Australia Post or such other delivery service provider as we deem appropriate. 

We offer:

1.     Registered post;

2.     Unregistered post; and

3.     Express post.

We highly recommend that you elect to have your order delivered by registered post to reduce the likelihood of your delivery being lost in transit.

In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the third-party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Rates

You agree to pay to us postage fees as calculated at checkout. These vary based on order size and your location. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website. 

Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. If you’ve selected registered or express post, we’ll provide you with a tracking number for your order, which you can use to track your order on the delivery service provider’s website.

Risk

Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

Once we have received confirmation of delivery from our delivery service provider, we will not be responsible for any refund or replacement in respect of that order (unless the goods fail to meet another consumer guarantee, as set out below). 

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

REFUNDS & RETURNS

Refund Policy and Procedure

Please note that our refund policy is limited to refunds under the Australian Consumer Law, as referred to below. For refund requests, please contact us at heidi@heidiloudesign.com

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to: 

a)    refund of the purchase price;

b)    replacement of the product or re-supply of the services;

c)    repair of the product; 

d)    payment of the cost of having the product repaired; or

e)    such other fair and reasonable remedy as we are ready and willing to provide.

To the extent permissible by law, we won’t, under any circumstances, be liable for negligence or any consequential loss or damage or other direct or indirect loss or damage.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you.

GENERAL

Advice and Information

We may give you general advice, recommendations, information or assistance during or in relation to the event. Information and advice is general in nature and is not intended to be or substitute for professional advice. You should seek professional and/or medical advice specific to your circumstances where required. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. We won’t accept any liability or responsibility for any loss suffered because of your or any other person’s reliance on such information. Please see our disclaimer, also available on our Website, for more information.

Dispute Resolution

If a dispute arises out of these conditions, we ask that you contact us in the first instance and we’ll do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within 30 days, we’ll go to mediation in Brisbane, Queensland (unless the parties and the mediator agree that the location is inconvenient and are unable to agree on a suitable alternative location, in which case the parties may agree to participate in online mediation) and split the costs of that equally. If the dispute still isn’t resolved within 30 days of the mediation, either party may ask the mediator to terminate the mediation. 

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief). 

All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Events Beyond Control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution. 

Privacy

We take your privacy seriously and any information provided in establishing this agreement is subject to our Privacy Policy, which is available on our Website.

Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on publication. Your continued use of the Website indicates your acceptance of any revised terms.

Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the conditions will remain in force. 

Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of goods or services not provided.

Jurisdiction

As we’re based in Queensland, these conditions will be governed by the laws of that state. If we do end up in court, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them.