Elizabeth Davis
Product Purchase Terms and Conditions
These terms and conditions govern your purchase (Terms and Conditions)
By clicking “accept” you agree to these Terms and Conditions.
- Purchase Product
1.1 The website www.elizabethdavis.com.au (Website) is operated by Elizabeth Davis (ABN: 34 170 878 544). Access to and use of the Website, or any of its associated products is provided by Elizabeth Davis.
1.2 The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Product). The Website provides this service by way of granting you access to the content on the Website (Purchase Product).
1.3 You have agreed to purchase a Product from the Website.
2. Acceptance of the Terms and Conditions
You accept these Terms and Conditions by clicking accept and proceeding with the purchase.
- Personal Information
3.1 When purchasing the Product, you will be required to provide personal information such as your full name, address and e-mail address.
3.2 You agree that all details that you have provided in completing the purchase are true and correct.
3.3 Your personal information is kept in accordance with the Elizabeth Davis Privacy Policy (Privacy Policy) which is available on the Website.
4. Purchase of Products
4.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
4.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
4.3 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
4.4 Following payment of the Purchase Price being confirmed by Elizabeth Davis, you will be issued with a receipt to confirm that the payment has been received and Elizabeth Davis may record your purchase details for future use.
4.5 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and Purchase Services tax as defined in A New Tax System (Goods and Purchase Services Tax) Act 1999, exclusive amounts.
4.6 Elizabeth Davis reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
- Returns Policy
5.1 Elizabeth Davis wants you to be satisfied with your Product. If you have any issues with Elizabeth Davis Products, please e-mail support@elizabethdavis.com.au.
5.2 Elizabeth Davis does not provide refunds for any Products. Please keep that in mind when making a purchase.
5.3 If you have received the incorrect item Elizabeth Davis will provide a refund on the return of the Product. To request a refund and organize a return please e-mail support@elizabethdavis.com.au with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product. The returned Product must be unopened, and in its original saleable condition. You are liable for all shipping costs incurred when returning the Product back to Elizabeth Davis.
5.4 Elizabeth Davis does not provide refunds for change of mind.
5.5 Elizabeth Davis does not provide refunds for sale items, for any reason.
5.6 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
5.7 In the following situations, no refund or return will be available:
a. Denied acceptance of delivery by receiver;
b. Inaccurate delivery address;
c. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Elizabeth Davis for a return fee charged to the initial payment method.
- Shipping and Product Delivery
6.1 All shipping and delivery dates are estimates, and any delivery date provided to you by Elizabeth Davis is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Elizabeth Davis will strive to meet the requirements of your anticipated delivery date. However, Elizabeth Davis will not be liable for any losses you suffer due to a delay.
6.2 You acknowledge that the Purchase Services offered by Elizabeth Davis integrate delivery through the use of third party delivery companies (Delivery Service Providers).
6.3 In providing the Purchase Services, Elizabeth Davis may provide you with a variety of delivery options offered as part of the Delivery Purchase Services by the Delivery Service Providers. You acknowledge and agree that Elizabeth Davis is not the provider of these options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Purchase Services.
6.4 Elizabeth Davis currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Elizabeth Davis can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.
6.5 In the event that an item is lost or damaged in the course of the Delivery Purchase Services, Elizabeth Davis asks that you:
a. Contact the Delivery Service Provider directly to request a refund; and
b. Contact us by sending an email to support@elizabethdavis.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
- Use of Products
By purchasing a Product from Elizabeth Davis, you acknowledge and understand that Products are not framed, and if you require framing, you will arrange for this separately.
8. Warranty
8.1 Elizabeth Davis’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
8.2 If you have received a Product that you believe is faulty or defective, please contact support@elizabethdavis.com.au with photographic proof.
9. Information and Product Disclaimer
9.1 Any information provided to you by Elizabeth Davis regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
9.2 Elizabeth Davis makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
10. Copyright and Intellectual Property
10.1 The Products of Elizabeth Davis are subject to copyright and all Products are protected by copyright under the laws of Australia and through international treaties.
10.2 Elizabeth Davis retains all rights, title and interest in and to the Products. By purchasing the Product, Elizabeth Davis does not transfer to you:
a. Any intellectual property rights in the Product; or
b. The right to reproduce, copy, sell, or distribute the Product.
10.3 You may not, without the prior written permission of Elizabeth Davis and the permission of any other relevant rights owners: republish, up-load to a third party, transmit, post, distribute, adapt or change in any way the Product for any purpose.
- Mailing List Registration
11.1 You may be given the option to register for the Elizabeth Davis Mailing List (Mailing List).
11.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
a. Email address
b. Name
11.3 If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Elizabeth Davis.
12. Force Majeure
12.1 If circumstances beyond Elizabeth Davis’s control prevent or hinder its provision of the Products, Elizabeth Davis is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Elizabeth Davis may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
12.2 Circumstances beyond Elizabeth Davis’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
13. Indemnity
13.1 You agree to indemnify Elizabeth Davis, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c. Any breach of the Terms.
- Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.
- Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales.
- Independent Legal Advice
Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice
- Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.