Website Terms and Conditions
2.1. In these Terms the following words shall have the following meanings:
- (a) ‘Company’, 'us', 'we,' and 'our' means Themoetsthatknowets Pty Ltd (ACN) trading as Leeffect;
- (b) ‘GST’ has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- (c) ‘Products’ means the articles to be supplied by the Company to you;
- (d) ‘you’, and ‘your’ means you the customer.
3. Legal Capacity to Transact
3.1. To create an account, you must be:
- (a) at least 18 years of age;
- (b) possess the legal right and ability to enter into a legally binding agreement with us; and
- (c) agree and warrant to use the website in accordance with these Terms.
3.2. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
4.1. You must be a registered member to make orders on our website.
4.3. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
4.4. We reserves our right to accept or reject any application for registration of an account on our website at our discretion.
5. Collection Notice
6. Accuracy, completeness and timeliness of information
6.1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
6.2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
6.3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
7. Placing your order
7.1. You may place an Order by filling in the Order Form on our website and clicking the "Submit Order" button. By placing an order through this site, you make an irrevocable offer to us to purchase the products that you have selected according to these Terms. All orders are subject to availability and confirmation of the order price.
7.2. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms.
7.3. Information contained on our website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however we will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
8.1. The Company reserves the right to change the prices for products displayed on the website at any time before you place an order.
8.2. Unless otherwise expressly stated, all amounts payable on our website are in Australian dollars and inclusive of GST.
9. Shipping Costs
9.1. Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout. Shipping is currently free within Australia.
10. Payment methods
10.1. Payment for orders may be made by Stripe and Paypal.
10.2. We process credit card payments after you click the "Submit Order" button. For credit card payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
10.3. Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks.
10.4. If you choose to pay be EFT your order will not be processed until payment is confirmed in our account. Payment processing will not begin until we receive all the information we need.
11.1. While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by you if your credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
11.2. The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we may considers appropriate at our discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
12. Returns and Refunds
12.1. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us at firstname.lastname@example.org. Please note we do not refund for change of mind.
12.2. To receive a replacement or credit, you must first return the item to us along with its original packaging.
12.3. If we receive the returned item, or written notice from you that you will be returning the item, within the first 48 hours after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Company is at fault and:
- (a) if we consider that the Company is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or
- (b) if we consider that the Company is not at fault, then:
(i) if the item has been returned in its original condition, we will provide a full replacement of the returned item (or a credit at our discretion); or
(ii) if the item has been returned broken, damaged, tarnished or worn, we will not provide any replacement or credit.
12.4. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian consumer law. nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
13. Linked sites
13.1. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
14. Intellectual property rights
14.1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).
14.2. Your use of our website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms, and where applicable, as expressly authorised by us and/or our third party licensors.
14.3. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
14.4. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
15. No commercial use
15.1. This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
16. Unacceptable activity
16.1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- (a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- (b) using this website to defame or libel us, our employees or other individuals;
- (c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- (d) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
17. Warranties and disclaimers
17.1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
17.2. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
18.1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
19.1 We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
20. Jurisdiction and governing law
20.1 Your use of the website and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.