Terms and Conditions
Lavande (Jo-Anne Millinery) ABN 48 919 903 741
These are the standard terms and conditions of supply of the Jo-Anne Millinery products and services offered from time to time on the Jo-Anne Millinery web site at http://www.jo-annemillinery.com.au ("the Service"). These terms apply to you as a user of the Service ("Customer" or "you"). By purchasing from the Jo-Anne Millinery Web Site, connecting to Jo-Anne Millinery or, verbally authorising Jo-Anne Millinery, you are agreeing to the terms and conditions set out in this document. Please read these terms and conditions carefully.
1. Terms and Amendment Procedure
1.1 These are the terms upon which Jo-Anne Millinery ("we") agree to provide the Service to the Customer. In addition to these terms, you must also comply with:
Any conditions contained in the notes to the product description for products or services you acquire;
Our Acceptable Use Policy (see below)
1.2 The agreement made between us on these terms commences on the for Services was accepted by Jo-Anne Millinery, by voice (including telephone), writing, facsimile, online via Website or any other communication to Jo-Anne Millinery.
1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by notice by email or in writing. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period. If you use the Service after that publication, your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior agreements.
2.1 We will upon request design and manufacture a millinery item (s) for you (the customer)
2.2 The design as per 2.1 will be required to be authorized for completion by you ‘the customer’.
2.3 Once design at 2.2 is authorized, no alteration, modifcation or changes may be permitted, except by prior agreement and (if applicable) additional charges.
2.4 Millinery items will include all pieces on display at www.jo-annemillinery.com.au, at our Retail Store or anywhere sanctioned by Jo-Anne Millinery and designed by Jo-Anne Millinery.
3.1 You must pay for the Service as notified to you by Jo-Anne Millinery in accordance with Jo-Anne Millinery' published prices for Services from time to time. I
3.2 If no price is available at 3.1, this will be further determined. By Jo-Anne Millinery and conveyed to you in writing (paper or email) or verbally with electronic notifications.
3.3 Prices published on our web site are exclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
3.4 In addition you must pay for:
In the case of a Millinery item not in stock – design fees
Alterations as per 3.2
Postage/registration/insurance/handling of your finished Millinery item
3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are.
3.6 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
3.8 No refunds will be given for purchased items. (including custom design work), stock items – that is Millinery items ‘off the shelf’ and immediately available in our Retail Store
3.8a Not withstanding 3.8, Jo-Anne Millinery may – at their discretion offer a partial refund of purchase if no exchange, repair or other arcollectionment can be met. This refund shall be of monies not determined, but in every case subject to $25 re-stocking and $50 design fees.
3.9 Returns of faulty goods must be authorized by Jo-Anne Millinery and will be repaired at our discretion. Further, goods must be return in a manner stipulated by Jo-Anne Millinery.
3.9a Failing 3.9 the Customer shall be responsible for damage, lost or otherwise packaging and if applicable, contents of such.
4. Customer Warranties and Indemnities
4.1 You warrant that:
if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Jo-Anne Millinery for any breach of this agreement by the Customer;
at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
your breach of these terms; your use or misuse of the Service; the use or misuse of the Service by any person acting on your behalf.
5. Jo-Anne Millinery's Warranties and Liabilities
5.1 We accept liability for the supply of the Services but only to the extent provided in this clause 5.
5.2 We do not warrant that:
the services provided under this agreement will be error free;
the services will meet your requirements, other than as expressly set out in this agreement; or weather (inclement or otherwise) play such part.
5.3 Where the Customer is a Consumer (as that word is defined by the Trade Practices Act), we accept liability where: the Service is not supplied with due care and skill; any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and we are otherwise required to do so by the Trade Practices Act.
5.4 To the extent that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.
5.5 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of material, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
5.6 Other than liability accepted by us in clause 5.3, our total liability for loss or damage of any kind not excluded by clause 5.5, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement is limited in aggregate for any and all claims to $10.
6. Intellectual Property
6.1 We reserve all rights as the owners of Intellectual property pertaining to any and all Internet Websites (websites) created (or subsequently maintained) by Jo-Anne Millinery
6.9 We maintain the rights of design on each and every Millinery item created by Jo-Anne Millinery.
7.1 The Customer grants to Jo-Anne Millinery a license to use and reproduce all Customer Data in order to fulfil its obligations under this agreement. In this agreement "Customer Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Customer's web sites or emails.
7.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
7.3 The law in force in New South Wales governs this agreement and the transactions contemplated by this agreement.
7.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.
Acceptable Use Policy
All of our Millinery items are made to the best of the ability of the Jo-Anne Millinery staff. Acceptable usage of product shall be determined as per this previous outlined Terms and Conditions and entirely at our discretion.
Last amended 10 August 2015