SCOTT LISTON DESIGN TERMS & CONDITIONS
The Scott Liston Design website located at http://www.scottlistondesign.com.au (the “Website”) is owned, controlled and operated by Scott Liston Design (ABN 81 707 295 661) (“Scott Liston Design”, “SLD”, “we”, “our”, “I“, or “us”).
The terms & conditions below (the “Terms”) shall apply to any person who uses and/or purchases goods off the website.
By using this Website, you (the “Customer” or “you”) agree to comply with and be legally bound by the Terms.
VARIATION
Scott Liston Design has the right to amend, remove or vary the Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to the Terms and by continuing to use and visit the Website, the Customer agrees to be governed by the Terms as varied from time to time.
PURPOSE OF OUR WEBSITE
The purpose of this Website is to provide information to you about Scott Liston Design goods and services, provide contact details and information about our company, offer promotions and provide an online storefront for the purchase of our products (“Goods”).
RELYING ON OUR WEBSITE
We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. Scott Liston Design will not be liable if for any reason the Website is unavailable at any time or for any period. You acknowledge and agree that your use of the Website is on an “AS-IS” basis and from time to time, Scott Liston Design may restrict access to some parts, or the entire Website, without notice to you.
E-COMMERCE
The Scott Liston Design online storefront (“Online Store”) is hosted on WooCommerce. WooCommerce provide us with the online e-commerce platform that allows us to sell our Goods to you.
The use of the Online Store by you to purchase Scott Liston Design products requires payment to Scott Liston Design. Each time you wish to purchase goods via the Online Store, you must provide valid credit card or Paypal account details that belong to you or you have authority to use. You must provide true and accurate billing information, including where relevant, the name of the credit card holder, billing address, date of expiry and CVC code. Where necessary, this information will be collected and stored in accordance with our Privacy Policy. All sales are final and binding, subject only to operation of relevant consumer-protection laws. Your card issuer agreement shall govern the use of your designated credit card, and will determine your rights and liabilities as a cardholder.
RISK
Title in the Goods for each Order will not pass to the Customer until the Customer has paid Scott Liston Design all monies owing to the Scott Liston Design under these Terms for that Order (including without limitation the purchase Price of the Goods and shipping fees).
The risk in the Goods passes to the Customer when the Goods leave the Scott Liston Design premises to be shipped to the Customer.
Scott Liston Design will not be held responsible for any occurrence that may happen following the shipping of an Order, including theft or damage if a Good is delivered to an unattended address.
THIRD PARTY LINKS
The Website may contain links to other websites (including users and affiliates of Scott Liston Design) over which Scott Liston Design have no control. The Customer agrees that those links are provided for your convenience only, and Scott Liston Design is not responsible for the availability of, and content provided on, third party websites.
Scott Liston Design make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
PROHIBITED ACTS
You must not access or use the Website:
- In a way that violates these Terms;
- For unlawful activities or purposes;
- In a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
- In a way that violates any applicable law (including, without limitation, applicable privacy laws);
- In a way that infringes the rights (including the Intellectual Property Rights, as defined below) of any other person OR
- Via the use of automated scripts, scrapers or ‘bots’.
LIMITATION OF LIABILITY
The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other rights, in relation to the quality for purpose of consumer goods sold in Australia. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws, which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Scott Liston Design makes no warranties or other representations in relation to the supply of Goods. Scott Liston Design liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
The Customer’s use of, and reliance on, this Website (including all Content) is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content. The Customer agrees that they are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website.
INDEMNITY
You agree to indemnity and hold Scott Liston Design harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Scott Liston Design by you or any third party due to or arising out of, or in any way connected to your access and/or use of the Website or purchase of the Goods.
WAIVER
Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
PRIVACY POLICY
Your use of the Website may involve submitting your personal information via a form, registration process or other communication. Where applicable, we will collect your Personal Information subject to our Privacy Policy, governed by the Australian Privacy Principles. By using the Website, you hereby agree to the terms of this Privacy Policy. If you do not agree to the terms of the Privacy Policy, you should immediately cease to use the Website.
CUSTOMER SERVICE
All orders for the sale of goods are accepted according to the terms and conditions below, and Scott Liston Design will supply the goods to you on these terms and conditions. By ordering an item from Scott Liston Design, you expressly agree to these terms and conditions. Scott Liston Design may amend these terms and conditions at any time, and any such amendment will be effective immediately. Your rights as a consumer under the Trade Practices Act are not affected by these terms and conditions.
TERMS OF SALE
By placing an order for any Goods via the Website (“Order”) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Scott Liston Design with respect to the supply of the Goods in accordance with these Terms.
Scott Liston Design reserves the right to accept or reject an Order for any reason at any time.
All Orders are subject to availability of the Goods.
The Customer acknowledges that all Orders made are for personal or domestic use as opposed to commercial use.
The Customer must be over 13 years of age and possess a valid credit or debit card issued by a bank acceptable to Scott Liston Design.
When placing an Order the Customer undertakes that all details that are provided to Scott Liston Design are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
PRICING:
While we shall endeavor to keep pricing current at all times, pricing may be subject to change without notice.
OUR CONTACT DETAILS
Scott Liston Design (ABN 81 707 295 661)
scott@scottlistondesign.com.au
Any questions about the above Terms should be sent to scott@scottlistondesign.com.au