At the time you place your order, you are agreeing to pay the specified purchase price, together with any delivery charges. All amounts are stated in Australian dollars. Delivery charges will be separately itemised.
By placing an order with us, you are making an offer to purchase the desired Products or Services. You are not permitted to order any Products or Services for resale to a third party. We reserve the right to accept or reject any offer you make, for any reason, including if the Products requested are not available, workshop classes are full, payment is not processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or our description of the product or service. Each offer accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products or services.
Payment for products or services must be by direct deposit or by credit or debit card. A transaction fee may apply for the use of certain credit cards. Payments may be processed by our third-party payment processors, e.g. Square. When making a payment, you agree that you have read, understood and agree to be bound by the terms and conditions of any third-party payment processors, which are available on their respective websites.
We describe our products and services as accurately as possible, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images of products or services on the Website and social media are provided for illustrative purposes only and we do not guarantee that any image has reproduced in true colour.
Warranties and liability
We warrant that if any product fails to comply with the following promises on your receipt of the product, you will be entitled to a replacement, full refund or store credit:
- each product is of saleable quality (subject to any defects already disclosed) and will comply in all material respects with any descriptions given by us; and
- unless otherwise noted, the products will be new and not second-hand.
We warrant that if any service fails to comply with the following promises when performed, you may request reperformance of the services or a full refund or store credit:
- The services will be provided with due care and skill;
- The services are fit for the purposes described by us; and
- The services will be performed within a reasonable time.
In addition, if the Australian Consumer Law applies to our sale of a product or service to you, we provide you with notice of the following guarantee under the Australian Consumer Law: our products and services 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 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.
All express or implied warranties, representations, statements, terms and conditions relating to these Terms or a Product or Service that are not contained in these Terms, are excluded to the maximum extent permitted by law.
Subject to our obligations under the Australian Consumer Law, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or a product or service, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:
- AUD$100; and
- the amounts paid by you for the applicable product or service.
To the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
- special, indirect, consequential, incidental or punitive damages; or
- damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
In placing an order with us, you may give us personal information in which you have certain rights. You grant us consent to use your personal information in accordance with our Privacy Notice, which is available on the Website and is incorporated into and forms a part of these Terms.
Neither we nor you will be liable for any delay in performing an obligation under these Terms, if such delay is caused by circumstances beyond our or your reasonable control.
If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
These Terms, (together with any documents expressly incorporated into these Terms, such as the Privacy Notice and the Participation Waiver,) constitute the entire agreement between us and you in relation to the Products and Services.
The provisions of these Terms which by their nature should survive termination or expiry of these Terms will survive termination or expiry of these Terms.