FREE STANDARD SHIPPING ON ALL AU ORDERS $99+
TERMS AND CONDITIONS
Competition Terms and Conditions
Instagram 'Emoji Day Bingo' Competition
- Competition is run on @samanathawillsofficial only.
- Make sure your Instagram app is up to date.
- To enter, entrants must post their 5 most commonly used emojis in the comments below the competition post (entries sent via Instagram stories will not be counted)
- Entrants must be located within Australia, as the jewellery chest is unable to be shipped internationally.
- Entrants can enter as many times as they like, with entries closing 10am AEST Wednesday July 18th 2018.
- From 10:30am AEST Wednesday July 18th 2018, we will reveal our most commonly used emojis on our @samanthawillsofficial Instagram stories.
- The first person to have 5 emojis that match those drawn by us WINS! (All 5 emojis need to be in the one comment, with a maximum of 5 emojis per comment)
- Winners will be notified via DM, as well as announced on our Instagram stories.
- In the event that no one qualifies after we've drawn, we will move to the person who has 4 matching emojis, then 3 and so on until a winner is found.
- In the event that there are numerous winners, a maximum of 3 chests will be awarded, based on the first 3 people to post the winning emojis.
Thank you for visiting our Website. This Website is owned and operated by Samantha Wills Pty Ltd (ABN 15 123 924 541). By accessing and/or using this Website you agree to these terms and conditions, which include our Privacy and Cookies Policy (Terms). You should review our Privacy and Cookies Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms.
In these Terms:
- Privacy and Cookies Policy means our privacy and cookies policy (available at https://www.samanthawills.com/FAQ/privacy-policy/ as amended from time to time;
- Sales Terms means the terms and conditions applicable to all orders for and purchases of products from the e-boutique https://www.samanthawills.com/FAQ/terms-of-use/;
- Shop means the online SAMANTHA WILLS store which you may access, and purchase products from, via the Website;
- 'us', 'we' and 'our' means Samantha Wills Pty Ltd;
- ‘Website’means www.samanthawills.com (including all password protected areas) and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets.
These Terms may be amended at any time and we recommend that you refer to these Terms each time you use this Website. The amended Terms will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your acceptance of the amended Terms. Your right to access and use this Website will immediately cease if you breach any provision of these Terms.
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including taking any action in the future.
You will need to create an account to access certain features of our website to track your purchase history and/or store your billing and shipping details.
When you register and activate your account, you will provide us with personal information such as your name, address, email address and telephone number. You may also provide us with your shipping and billing addresses. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy and Cookies Policy.
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 email address, including all purchases made through this account via our Shop.
To create an account, you must:
- be at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the Website in accordance with these Terms.
We are entitled to delete, suspend or change your account profile at any time, without notice, in the event of a breach or suspected breach of these Terms.
We collect, use, hold and disclose personal information about you in order to respond to your enquiries, process your registration, to supply and deliver our products to you, to provide you with additional features via the Website, to send you special offers, marketing and promotional messages and other information that may be of interest to you and for purposes otherwise set out in our Privacy and Cookies Policy.
We may disclose your personal information to third parties that help us supply our products and services (including information technology suppliers and third party payment solutions suppliers) or as required by law. If you do not provide this information, we may not be able to supply and deliver products or provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our suppliers located overseas. If we do so, we will take reasonable steps to ensure that your personal information is handled by overseas recipients in accordance with this Privacy and Cookies Policy.
Our Privacy and Cookies Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at email@example.com.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy and Cookies Policy and these Terms.
If you register for our newsletter, it will be sent to the email address you provided on registration. It is your responsibility to update your personal details if they change, including your email address.
If you no longer wish to receive the newsletter, you can unsubscribe at any time by clicking the ‘unsubscribe’ link in the newsletter.
The Waiting List
By signing up to The Waiting List we cannot guarantee you the piece. You will be alerted and given priority ahead of the general public. The availability date is an estimate only and we can remove items from The Waiting List without notice. We will email you as soon as the piece becomes available for purchase to give you the option to purchase.
Purchases from the e-boutique
If you order or purchase any products from the e-boutique, then the Sales Terms will also apply (in addition to these Terms) in relation to all your orders for and purchases of products.
The products, prices and promotional offers (if any) made in the e-boutique only apply to orders placed online with the e-boutique and may be different from those available from other stockists selling SAMANTHA WILLS products. We assume no liability for prices or products that differ in those stores.
Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and in our Newsletter, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website and the Newsletter. You should monitor any changes to the information contained on this Website.
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.
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.
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.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Intellectual property rights
Unless otherwise indicated, we own, license or have the right to use from third parties all the content and material (including all text, graphics, photos, moving images, illustrations, artwork, logos, audio and software) made available on this Website (Content) and all intellectual property rights in the Content and the Website.
Your use of this 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 in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
You must not infringe our intellectual property rights in the Content and/or the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Content and/or the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
We grant you permission to download, view and print digital and/or physical copies of the Content only for your personal and non-commercial use and on condition that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). You may only reproduce or use the Content for any other purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved.
Restrictions on use of Website
In accessing or using the Website you agree that you will not:
- use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website without our express written consent;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
- use or index any content or data on the Website for purposes of competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly authorised by us;
- transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
- use the Website or any content from the Website in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
- act in breach of any term or condition of use or other condition imposed by us or any law.
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
During your use of the Website, we or our business partners may issue and request cookies to and from your computer or mobile device. We and our business partners will use such cookies in accordance with our Privacy and Cookies Policy. By using the Website, you authorise us and our business partners to issue and request such cookies.
Compliance with applicable laws
You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.
Warranties and disclaimers
Warranties given in relation to products you purchase from us via the e-boutique are set out in the Sales Terms and not in these Terms.
The Website is provided ‘as-is’ and ‘as available’ without any express or implied warranty. You use this Website at your own risk.
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.
You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party in relation to your use of the Website.
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.
Any liability that we may have in relation to products you have purchased from us via the e-boutique will be determined under the Sales Terms and not under these Website Terms.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we, our related entities, directors, officers and agents be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs (including our negligence) – 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 (including Third Party Content) are incorrect, incomplete or not up-to-date.
If you constitute a consumer under the Australian Consumer Law while accessing the Website, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Website. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Terms, your use or access of the Website or any violation by you of any applicable law.
Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
Survival of Terms
All provisions of these Terms that by their nature should survive termination of your access to the Website shall survive including all limitations on liability, disclaimers, choice of law and intellectual property protections.
You may report any suspected violation of these Terms to us by using the following email link firstname.lastname@example.org. We will investigate the matters and take any actions we consider appropriate.
Samantha Wills Pty Ltd (ABN 15 123 924 541) (‘we’, ‘our’ and ‘us’), a company registered in Australia, owns and operates the E-BOUTIQUE.
These terms and conditions (Sales Terms) will apply to and govern your purchases of products from the E-BOUTIQUE, together with any other terms and conditions which may be notified to you at the time of placing your order (for example, special offer terms and conditions). Please read these Sales Terms carefully before ordering any Products from the E-BOUTIQUE.
In these Sales Terms:
- ‘Privacy and Cookies Policy’ means our privacy and cookies policy (available at [insert hyperlink]) as amended from time to time;
- ‘E-BOUTIQUE’ means the online SAMANTHA WILLS store which you may access, and purchase products from, via the Website;
- ‘Website’ means www.samanthawills.com (including all password protected areas) and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets; and
If you object to any of our Sales Terms or other notices in the E-BOUTIQUE your sole option is to not proceed with the purchase of products from the E-BOUTIQUE.
We reserve the right to change these Sales Terms. Any changes to these Sales Terms will be effective on the date they are published on our Website.
If you create an account with us, you are responsible for keeping your email and password secure and are responsible for all use and activity carried out under your user name, including all purchases made through your account from the E-BOUTIQUE.
No purchases for resale
You represent and warrant to us that all products purchased by you from the E-BOUTIQUE are being purchased for personal use only, not for any commercial use, and will not be resold or resupplied. If we suspect that you are purchasing products for the purposes of resale or resupply, we may refuse to accept or cancel your orders for products from the E-BOUTIQUE. If you wish to purchase products for commercial purposes or wish to be a stockist of our products, please contact us directly to discuss this further.
Orders and contract formation
By placing an order you are offering to purchase a product from the E-BOUTIQUE on and subject to these Sales Terms. All orders are subject to availability and confirmation of the order price.
Dispatch and delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal or shipping delays or force majeure for which we will not be responsible. Refer to our [Shipping Information] for more information about dispatch and delivery times and other shipping and delivery information.
If you wish to buy products from the E-BOUTIQUE, you must:
- provide your name and address, phone number, email address, payment details, billing address and other required information;
- provide a shipping address (note: we reserve the right to reject orders to deliver to certain addresses);
- be aged 18 years or over, be legally capable of entering into binding contracts and the owner or authorised holder of a valid debit/credit card, if paying for the products with a debit/credit card; and
- read and accept these Sale Terms.
You may place an order by clicking on the "ADD TO BAG" button and proceeding to the checkout page.
You will be provided with an opportunity to review and correct any errors in your order, including the price and information you have provided, and to read and accept the Sales Terms before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
[If you place any products in your bag and accept our Sales Terms but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order and checkout process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit the E-BOUTIQUE to complete your purchase.
Once you have submitted and confirmed your order, we will send you an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order.
The products listed in the E-BOUTIQUE are not an offer to sell but an invitation to treat only. We may choose to reject all or part of an order in our sole discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in good faith or for personal use, or orders in response to incorrect offers or information in the E-BOUTIQUE made as a result of human, system or technology error (including errors in the image, description or price).
We may from time to time impose quantity restrictions or limits on certain products you can order. Any quantity or total value restrictions will be stated in the E-BOUTIQUE or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order we will refund any money paid for that order.
A contract between us for the purchase of the products will not be formed until your payment has been approved and received by us. Our contract will only relate to those products which have been dispatched and are listed in our email confirming shipment. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirming their shipment.
If you would like to cancel your order after you have received an email from us confirming shipment, please see the ‘Returns and refunds’ section below.
Prices, charges and taxes
Prices will be displayed in either Australian or US dollars, depending on whether you are located in or outside Australia. You may also select in which of these currencies you prefer to view prices and place your orders.
The price charged for a product will be the price in effect at the time your order is placed and will be set out in your order confirmation email and in your shipping confirmation email. If you place additional or separate orders after receiving your order confirmation email you will incur additional shipping and handling charges for such additional orders.
The products, prices and promotional offers (if any) made in the E-BOUTIQUE only apply to orders placed via the E-BOUTIQUE and may be different from those available from other stockists selling SAMANTHA WILLS products.
If there is a pricing error, whether on the Website, in the E-BOUTIQUE or in any confirmation emails or otherwise, then to the extent permitted by law we have the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your order confirmation email, we will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.
If the pricing error is obvious, you agree that we are under no obligation to provide a product to you at an incorrect (lower) price even after we have sent you a shipping confirmation email.
Separate charges for shipping, handling and GST (for goods to be delivered within Australia) or other taxes will be shown in your order receipt confirmation email and can be viewed during the checkout process before finalising your order. For further information about shipping and handling charges, see [Shipping Information].
From time to time we have special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided in your shopping bag and hit the "apply" button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Promotional codes cannot be used for the purchase of a gift voucher. Promotional codes are not valid for redemption anywhere except in the E-BOUTIQUE and cannot be exchanged for cash. Delivery charges are excluded from the calculation of % off discount promotional codes. Unless otherwise specified each promotional code may only be used once per customer. Promotional codes cannot be applied to orders placed prior to or after the promotional period specified.
You may purchase gift vouchers from the E-BOUTIQUE in the form of E-Gift cards that are sent in an email. They are not redeemable for cash and can only be used to purchase products from the E-BOUTIQUE. They cannot be used to purchase another E-Gift card or purchased with a promotional code. No change will be given for a purchase made with an E-Gift card. The E-Gift card expires six months from the date of purchase. E-Gift cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. Gift Cards should be treated like cash. We disclaim all responsibility for lost or stolen E-Gift cards.
Payment must be made by one of the methods you have selected during the checkout process (being [VISA, MasterCard, American Express or Afterpay, Paypal). The name on the card must be the same as the name of the person placing the order.
If we do not receive the authorisation that the payment has been processed we reserve the right to cancel your order. The value of your purchase will be settled from the applicable card or payment method when the order is placed.
If your payment cannot be processed you will be notified of this. You will then need to contact your card issuer and endeavour to resolve the issue.
Product information and availability
You must take care when placing your order to ensure that the products you purchase are suitable for the intended use. The E-BOUTIQUE should be your final point of reference when checking the kind of product that you are ordering. If there is a difference between the E-BOUTIQUE content and any other website (or any other source of information) the products as shown in the E-BOUTIQUE at the time of purchase will take precedence.
If the products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact us either by email or phone for assistance.
We endeavour to ensure the availability of products you order from the E-BOUTIQUE. However products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.
Title to products
We retain full legal title to products until we have received all amounts due on the ordered products in full and you have received your shipping confirmation email. The products will be at your risk from the time of delivery.
Returns and refunds
As a goodwill gesture, we have a 30 day return and refund or exchange policy for unused and undamaged products purchased from the E-BOUTIQUE (excluding sale items) if you change your mind, obtain a Return Authorisation from us first and then return them. We offer free returns for customer who purchased from Australia and had their goods delivered to Australia. We also offer free returns for customer who purchased from The US and had their goods delivered to The US. All other countries will have to pay for the return of the item within 30 days of delivery. This does not apply to any SAMANTHA WILLS products you purchase from other stockists. You should contact them directly.
See [‘Returns and Repairs’] for more information on the process for obtaining a Return Authorisation.
If you do not return the products within 30 days of delivery, do not have a Return Authorisation, or return any products in a used or damaged condition, we may refuse to give you a refund or exchange.
Your legal rights in respect of defective goods are unaffected. Refer to the ‘Contractual warranties’ and ‘Australian Consumer Law’ sections below.
Gift with purchase
If you received a gift with the purchase of your product and wish to return the gift or product for a refund, both the gift and the product must be returned unless the total value of the products not returned and purchased as part of the same transaction is equal to or greater than the amount that you were required to spend in order to be eligible for the gift. Please refer to individual Gift with Purchase Terms and Conditions.
In addition to your rights as a consumer under the Australian Consumer Law, we also offer the following contractual warranties:
Subject to the warranty exclusions below, we offer a 6 month limited warranty against defects in materials or manufacturing defects on all of our jewellery products purchased from the E-BOUTIQUE. We will, at our option, repair or replace jewellery proven by our jewellers to be defective within 6 months after the date of purchase.
Subject to the warranty exclusions below, we offer a 12 month limited warranty against defects in materials or manufacturing defects on all of our homewares products (including the jewellery chest) purchased from the E-BOUTIQUE. We will, at our option, repair or replace any homewares proven by our repairers to be defective within 12 months after the date of purchase.
Exclusions and limitations
The above contractual warranties against defects do not cover loss, damage, breakage, changes in appearance, kinks, or the gradual degradation of all or part of the products due to: normal wear and tear (including tarnishing); accident or mishap; careless handling; improper use; alteration or substitution; use outside our care instructions; improper repair or warranty service performed by someone other than us or our authorised repairers; or theft. Tarnishing occurs naturally and therefore, cleaning is not covered by this warranty against defects.
When a product is repaired under the original contractual warranty term, only the remaining term of the original contractual warranty will continue to apply. Any other repairs after this term will be outside the original warranty period and may be charged accordingly. This limitation does not apply to consumer guarantees under the Australian Consumer Law.
How to make a warranty claim and access our repair service
Please contact us directly regarding any warranty claim on email@example.com or call us on +61 2 6681 6788.
Australian Consumer Law
The contractual warranties against defects set out above provide benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure (as defined under the Australian Consumer Law).
Product liability, exclusions and limitations
The only conditions and warranties which are binding on us in respect of products and services supplied by us via the E-BOUTIQUE are those expressly set out in these Sales Terms or otherwise required to be binding by law, including the applicable provisions of the Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the E-BOUTIQUE, or any products, information, service, material, advice or recommendation supplied by us to you through the E-BOUTIQUE or in any dealings between us, are excluded to the fullest extent permitted by law.
If we breach any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, our liability for such breach is limited to either, at our election: (a) resupplying of the products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those products.
To the fullest extent permitted by law and except to the extent (if any) provided in these Sales Terms we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your purchase of products, your use of the E-BOUTIQUE, or your use of or reliance upon any of the information, services and/or materials contained in the E-BOUTIQUE or provided by us to you, or our negligence, or our breach of our obligations under these Sales Terms.
You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Sales Terms or any violation by you of any applicable law.
Termination by us
Without limiting any other rights we may have at law or under these Sales Terms, at any time prior to delivering products to you, we may terminate the contract for the supply of products to you if:
- you breach these Sales Terms and the breach is not capable of remedy or you fail to remedy it within 7 days of a notice from us to remedy the breach; or
- supplying you the products would violate any applicable law or would expose us to legal liability, in which case we will refund any money we have received from you for the relevant order.
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
If any provision of these Sales Terms is deemed to be unlawful, invalid or unenforceable, all or part of that provision will be severed from these Sales Terms and will not affect the enforceability of the remaining provisions.
Any failure by us to assert any right under these Sales Terms shall not constitute a waiver of such right and you are not relieved from compliance with your obligations. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
Jurisdiction and governing law
These Sales Terms and all dealings and transactions between you and us relating to your purchase of products from the E-BOUTIQUE are governed by the law of New South Wales, Australia. Your transaction is deemed to have taken place in New South Wales. You submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales for any dispute or claim (of any kind) arising out of or in connection with these Sales Terms or your purchase of products from the E-BOUTIQUE.
Survival of terms
All provisions of these Sales Terms that by their nature should survive fulfilment of your order or termination of your contract to purchase products from the E-BOUTIQUE shall survive including all limitations on liability, indemnification obligations, disclaimers and choice of law.