TERMS OF ENGAGEMENT
These terms and conditions (T&Cs) set out the contractual basis upon which Elleni May (ABN 41 383 687 381) (“we, us, our”) will provide items to you (“you, your”). Our T&Cs are subject to change so please regularly check this page.
OUR BUSINESS
We are in the business of on-line shopping. Amongst other things, we provide reproduction vintage homewares, fashion, jewellery and other personal items.
YOUR REQUIREMENTS
You require us to provide the items that you have ordered, within a reasonably practical period after your payment has cleared, having regard to, amongst other things, availability of stock, delivery times, the nature of your order and any special requirements.
YOUR DETAILS
Before providing any items to you, we need you to provide us with your required details.
LIABILITY
To the extent permitted by law, we assume no liability for any loss or damage suffered by you relating to the provision of our items to you, use of our Website, ordering items from us, or any related matters.
DAMAGED GOODS DURING TRANSIT
All goods must be clearly checked upon delivery. Any goods that have suffered damages during transit a photo must be taken of the prodcut and sent immediately to Elleni May with in 7 days. A form of writting must take place and be written in detail and be sent by email, or a letter of explaination of the suffered damages of the item or items and posted to Elleni May vintage homewares & gifts.
If there has been no confirmation received to Elleni May about suffered damages of product or products bought by you with in 7 days of the arrival The Pink Owl will take no responsibility of exchange or replacment of the bought item through the website or any other related items or matters.
CONFIDENTIALITY
All information supplied by us, including these T&C’s and any other documentation provided by us, is confidential. You must not release any of this information to any third party, unless required by law, without our written consent.
ORDERING, PAYMENT, POSTAGE & HANDLING
Be careful about ordering. Once you have placed your order you are liable to pay us the amount quoted, together with all related costs, including postage & handling and any other expenses, including insurance. Please ensure that all spelling is correct on the order form. Choose carefully, many of our items are hand made, and once an order has been made it can not be reversed. There are no exchanges, refunds or credits. We use Australia Post and distribute within Australia and New Zealand. There is no set rate. Australia post automatically adds up the weight and adds that onto the total. You are liable for the full amount of these costs.
COLOUR
Due to colour calibrations of monitors, printers and the like colours may differ from what you see on your monitor or printing.
OUR PERSONNEL
Our Personnel are under agreement not to seek or accept employment or any other form of engagement with our customers, and it is a condition of our agreement with you to provide the items that neither you nor any firm, company, business or other entity associated with or related to you will employ or otherwise engage or offer to employ or otherwise engage any member of our Personnel.
Links
Links to other websites do not constitute an endorsement of that website.
ACCOUNTS
Issue of Accounts
We will issue an account in the form of a Tax Invoice relating to the item(s) ordered. We will send our invoices to the person whose details are on the order form.
You must notify us of any complaint within 7 days of the invoice date. If you receive a damaged item please contact us immediately and provide photos via email ASAP. We will then consider appropriate action having regard to the particular circumstances of each case. Do not return any items unless we have agreed. We do not accept any responsibility for items lost in transit. If, after liaising with us, we have agreed to the return of an item that arrived damaged, it must be returned in the original packaging via registered post.
Pricing & Payment of Accounts
All prices are in Australian dollars, inclusive of GST. Terms are strictly, payment of cleared funds, prior to preparation for delivery. Payment may be made by PayPal (Debit card, Bankcard, MasterCard and Visacard) or mannual merchant facility using Visa or Mastercard, also bank cheques or money orders made out to “Elleni May” or direct deposits made into CBA BSB number: 062-313 account number: 10232550. Be aware that delays in provision of cleared funds will delay delivery.
Unpaid Accounts
If you become indebted to us we may elect to suspend dealings with until the debt is paid in full. We may also elect to charge interest on any amount outstanding at the rate prescribed under the Supreme Court Act 1970 (NSW).
Third Parties
You must pay our accounts whether or not, you have a right of indemnity or recovery from a third party, any third party seeks an assessment of any of our accounts and/or we have come to an arrangement with a third party.
Goods and Services Tax
Goods and Services Tax (GST) must be paid at the same time as payment of our fees and non-payment is subject to the same treatment as unpaid accounts.
INTELLECTUAL PROPERTY
We retain ownership of all intellectual property in all of our items (including, but not limited to our fabric covered canvasses and fabric door handle hangers) and all work carried out by us, regardless of whether it is a custom order.
COMPLAINTS
If you have any complaints about any aspect of our services, you must notify us of the specifics of your complaint within 7 days of the event that you are complaining of.
YOUR RESPONSIBILITIES
You must provide full and accurate information in all forms provided to us.
ENTIRE AGREEMENT AND VARIATIONS
These T&Cs and your order form constitute the entire agreement between us and you. Any variation will only be effective if they are in writing signed by both parties.
CLIENT AUTHORITY
Any person who purports to enter into the agreement constituted by the T&Cs and your order form on your behalf hereby warrants that for all purposes of the agreement he or she is your duly authorised agent and if such person is not your duly authorised agent then in consideration of us entering into the agreement he or she shall be deemed to be our customer and be bound by all the terms, covenants and conditions of the agreement.
LAW AND JURISDICTION
The Agreement is subject to the laws of New South Wales and the parties submit to the jurisdiction of the Courts of New South Wales.
SEVERANCE
If for any reason any provision of these T&Cs would render the agreement ineffective, void, voidable, illegal or unenforceable, that provision or the relevant part thereof shall, without in any way affecting the validity of the remainder of the agreement, be severable and the agreement shall be read and construed and take effect for all purposes as if that provision or part were not contained herein.
TERMINATION
If you become insolvent, go into liquidation, bankruptcy, receivership, voluntary or other administration or some similar legal process, fail to make a payment to us when due or are otherwise in breach of any of these T&Cs in a material way then at any time thereafter (unless we expressly waive that failure, breach or circumstance in writing) we may by written notice to you immediately terminate the agreement set out in these T&C’s.
Upon termination of this agreement you must pay us immediately for any outstanding amounts.
ACCEPTANCE
Your use of this website, including your action of placing an order through our checkout signifies your acceptance of these terms and conditions.