Terms Of Service.
Welcome to https://www.ajlawsondesigns.com.au (“the Website”).
The Website provides a service by granting you access to the content on the Website (“the Service”). This Service is available in Australia only.
Please read these Terms Of Service carefully before using the Website. Any use of the Website will be subject to these Terms Of Service.
Access to and use of the Website, or any of its associated Services, is provided by AJ Lawson ABN 51 485 417 826 or its authorised representatives. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by these Terms Of Service, as a legal agreement between us, AJ Lawson Designs Designs and AJ Lawson ABN 51 485 417 826 (“we”, “us”) and you, the user of the Website (“you”, “your”). If you do not agree with these Terms Of Service, you must cease viewing, browsing and using the Website, or any of its Services, immediately.
General
AJ Lawson ABN 51 485 417 826 reserves the right to review and change any of the terms set out in these Terms Of Service by updating this page at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
In order to access the Services or continue to use the Services, you may be required to provide personal information about yourself (such as identification or contact details), including name, telephone number, proof of age, mailing/delivery/billing/email address. Please review our Privacy Policy for more information on how we collect, use, protect and/or store your personal information.
Capacity and age: By accessing or using the Website, you warrant that you are legally capable of entering into binding contracts and you are over the age of 18 years old.
You warrant that any information you give to us in the course of using the Services will always be accurate, correct and up to date.
You may not use the Services and may not accept these Terms Of Service if you are not of legal age to form a binding contract with us or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Services.
As a user, you agree to comply with the following:
you will use the Services only for purposes that are permitted by these Terms Of Service and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of us providing the Services; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
You understand that we cannot and do not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
Specific Warnings
You must not access or use the Website:
in a way that violates these Terms of Service;
for unlawful activities or purposes;
in a way that is fraudulent, inaccurate, false, misleading or deceptive;
in a way that violates any applicable law (including, without limitation, applicable privacy laws); or
in a way that infringes the rights (including our intellectual property rights, as described below) of any other person.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated.
Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright
Unless otherwise indicated, copyright and other intellectual property rights in the Website (including text, graphics, photographs, logos, icons, domain names, service marks, products, services, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the any law which applies in your location, and except as expressly authorised by these Terms Of Service, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
commercialise any information, products or services obtained from any part of the Website, without our written permission.
All trademarks appearing on the Website belong to their respective owners.
We reserve all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution of anything contained within the Website unless we have given express written permission. Any unauthorised use of the materials appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You may not without our written permission on-sell information obtained from the Website.
Linked Websites
The Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Disclaimer
This disclaimer set out in these Terms of Service does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website. You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms Of Service.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to the Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Amendments to Website Terms & Conditions
We reserve the right to amend these Terms Of Service from time to time. Amendments will be effective immediately upon posting on the Website. Your continued use of the Website following such amendment will represent an agreement by you to be bound by these Terms Of Service as amended.
Governing Law
These Terms Of Service are governed by the laws in force in the State of Victoria, Australia.
Purchase of Products
The Website provides you with the opportunity to browse and purchase various Products (“Purchase Services”). These Products are currently only available in Australia. No international orders are accepted.
In using the Purchase Services for the purchase of Product(s), you agree to the payment of the purchase price listed on the Website for the Product(s) (the 'Purchase Price') and Delivery Fees. You should refer to the Shipping section when accessing the Purchase Services for the applicable Delivery Fee for the Delivery Services. Purchase Prices displayed on the Website are in Australian dollars (AUD) and include GST where applicable. Purchase Prices are subject to change. Images of Products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of Products are not included in the Purchase Price. We reserve the right to correct any errors published on the Website.
All payments of the Purchase Price must be in Australian Dollars (AUD) and must have cleared before an order can be processed and shipped to you.
Payment of the Purchase Price may be made with Mastercard, Visa credit cards, Stripe the Stripe Website or PayPal account via the PayPal Website Payments Pro facility (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and other relevant legal documentation provided by the Payment Gateway Provider.
The name on the credit card used for payment of the Purchase Price must match the name on the personal information provided on the Website Purchase Services.
Following payment of the Purchase Price being confirmed by AJ Lawson Designs, you may be issued with a receipt and Order Number to confirm that the Purchase Price has been received and AJ Lawson Designs may record your purchase details for future use. The Order Number is required when contacting us in relation to your order.
In using the Purchase Services, you agree to provide complete and accurate information as to your personal information (or those of your nominated recipient for gifts) to enable the processing and delivery of your Product(s).
AJ Lawson Designs reserves the right to accept or reject your purchase of Product(s) for any reason at any time. Without limitation, some of our products may not be available for delivery to certain locations. AJ Lawson Designs retains the right to determine what we can and cannot deliver to any particular location.
In the event that we reject your purchase of Product(s) we will notify you of that rejection and the reason for rejection via email within ten (10) Business Days. AJ Lawson Designs will not be liable to you for your loss or that of any third party for the rejection of your purchase of Product(s) via our Purchase Services.
Where we reject your purchase of Product(s) via our Purchase Services and your payment for the Product(s) has already been processed, we will refund any money paid to us in respect of the Purchase Price and make reasonable endeavours to process the refund within ten (10) Business Days. The receipt evidencing your refund will depend on the period of time it takes your financial institution to finalise the refund. AJ Lawson Designs is not liable with respect to any loss, damage, cost, expense or injury you or any third party may or may not incur as a result of any delay in processing your refund.
If we are unable to contact you in relation to your purchase of Product(s) via our Purchase Services using the contact details you provide via the Purchase Services after having made reasonable attempts to contact you, we will reject your purchase of Product(s) in accordance with this clause.
Limited Warranty
AJ Lawson Designs provides no warranty obligations for the Product(s) you purchase via Product Services.
Delivery
You acknowledge that the Purchase Services offered by AJ Lawson Designs may integrate delivery (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers'). You agree to the personal information you provide as a user of the Website including your Delivery Address, Email Address and Phone Number being supplied to the Delivery Service Providers for the purpose of delivering your Product(s).
In providing the Purchase Services, AJ Lawson Designs may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that AJ Lawson Designs is not the provider of these Delivery Services and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In purchasing Product(s) via the Purchase Services you agree to accept delivery of the Product(s) at the Delivery Address you provide from Monday to Friday between 8am and 6pm and that you may be responsible for any charges and fees issued by the Delivery Service Provider as a result of not being available to accept delivery at these times.
You agree that AJ Lawson Designs is not liable or responsible for any alternate delivery options offered to you by our Delivery Service Providers including; delivery to a neighbor, Authority to Leave Safe, redelivery and/or change of delivery date. You agree that you are responsible for any costs and fees associated with these alternate delivery options.
The Delivery Services offered by the Delivery Service Providers are within Australia only. No international Delivery Services are currently available. Delivery Services are only available to valid street addresses, no Post Office (PO) Boxes will be accepted as shipping addresses. Without limitation, some of our products may not be available for delivery to certain locations. AJ Lawson Designs retains the right to determine what we can and cannot deliver to any particular location.
The personal information you provide as a registered Member of the Website will be used by the Delivery Service Providers to deliver the Product(s) you order via our Purchase Services. AJ Lawson Designs will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver the Product(s) to you (or your nominated recipient) due to inaccurate or incomplete personal information provided. Without limitation, if you provide inaccurate shipping details via the personal information you provide in accessing the Purchase Services, AJ Lawson Designs is under no obligation to resend your Product(s) if shipped to the address provided and not subsequently returned to AJ Lawson Designs. You agree to obtain consent from the recipient of a gift when providing their personal details to AJ Lawson Designs.
AJ Lawson Designs endeavors to process purchases of Product(s) via the Purchase Services within 2-3 business days then dispatch to our Delivery Service Providers. Product(s) are not shipped or delivered on weekends or holidays.
You acknowledge and agree that notwithstanding anything else stated on the Website:
a) AJ Lawson Designs cannot guarantee that delivery will occur on the stated estimated delivery date;
b) estimated delivery date may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, AJ Lawson Designs is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers or may suffer as a result of a change in estimated delivery date or a delay in delivery.
If AJ Lawson Designs is unable to deliver your Product(s) to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card may be left for you notifying you where the Product(s) have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. Where you do not collect your Product(s) from the outlet specified on the calling card within the time specified on the calling card, you must contact us for further information with respect to claiming your Product(s). If Product(s) are required to be redelivered, you will be required to pay any associated fees for redelivery.
Upon delivery, you must inspect your Product(s) and check that the Product(s) delivered match the Product(s) you requested via our Purchase Services. If there are any incorrect or missing Product(s) or there is obvious damage to the Product(s) due to transit, you must contact us as soon as practicable.
You acknowledge that AJ Lawson Designs does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
AJ Lawson Designs will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) AJ Lawson Designs will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the Products of AJ Lawson Designs (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of AJ Lawson Designs, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of AJ Lawson Designs (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of AJ Lawson Designs) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
AJ Lawson Designs' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of AJ Lawson Designs is the resupply of information or Purchase Services to you.
You expressly understand and agree that AJ Lawson Designs, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
AJ Lawson Designs is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of AJ Lawson Designs, by third parties or by any of the Purchase Services offered by AJ Lawson Designs.
You acknowledge that AJ Lawson Designs does not provide the Delivery Services to you and you agree that AJ Lawson Designs will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.