Terms and Conditions

These terms and conditions apply to the use of this website, including the purchase of goods over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

1. Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to I Love That Necklace Pty Ltd ACN 167 928 289

2. Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3. Ordering procedure

  1. All prices are shown in Australian dollars (AUD) and include GST.
  2. You may offer to purchase goods described on this website for the price specified on this website. Your order must contain your name, email address, payment method and details and any other ordering information specified on this website.
  3. Within 7 days of receipt of your order, we will at our discretion accept or reject your offer to purchase.  You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
  4. We are not required to give reasons for rejecting your offer to purchase.  If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.  If we have not responded to you within 7 days, your offer will be deemed to be rejected.
  5. We give no undertaking as to the availability of products advertised on this website.
  6. Delivery of the goods to you will be effected in the manner described on this website.  Title in the goods does not pass to you until payment has been received.  Risk of loss or damage to the goods passes to you upon dispatch.
  7. Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
  8. The goods are offered for sale only to persons who can make legally binding contracts.

4. Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

5. Disclaimer

1. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:

  1. 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 this web site or any linked web site, 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 this web site;
  2. any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
  3. except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

2. You acknowledge that:

  1. prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity;
  2. at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so; and
  3. the application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.

6. Specific warnings

  1. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
  2. You must take your own precautions to ensure that the process which you employ for accessing this 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 this website or any linked website.
  3. Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
  4. We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
  5. Responsibility for the content of advertisements appearing on this website (including links 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.
  6. We make no warranty that goods acquired from us over this website will meet your requirements. In particular, we make no warranties of merchantability or fitness for a particular purpose.
  7. Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
  8. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

7. Copyright

1. Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  2. commercialise any information, products or services obtained from any part of this website;
without our written permission.

8. Trade marks

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  1. in or as the whole or part of your own trade marks;
  2. in connection with activities, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive;
  4. in a manner that disparages us or our information, products or services (including this website).

9. Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

10. Links

  1. This 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.

11. Privacy policy

Please refer to our Privacy policy for specific information on how we use your information.

12. How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

13. 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.  You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.

14. Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

15. Governing law

These terms and conditions are governed by the laws in force in Queensland. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

16. General

  1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
  2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  3. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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