1.1 The "lavishtails.com.au" website ("website") is operated by "Lavish Tails” (ABN '76 189 684 497'). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). Your use of the website constitutes your agreement to the Terms and Conditions.
1.2 Lavish Tails reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.2. Capacity
2.1 The goods on the website are only available for sale to individuals who can make legally binding contracts. The goods are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
3.1 Any order placed by you in the manner described in the website is an offer by you to purchase a particular good(s) for the price (including the delivery and other charges and taxes) specified in the website at the time you place your order on these Terms and Conditions.
3.2 Lavish Tails reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on the website, or an error in your order. Your contract with Lavish Tails only comes into existence when it forwards confirmation of receipt of your order and payment.
4.1 Lavish Tails will ensure as best as possible that all goods are reproduced as accurately as possible on the website. However, there may be a subtle colour variation between the website and the goods themselves.
5. Prices and Description
5.1 At the time of printing, prices and descriptions are as accurate as possible. However, due to circumstances beyond the control of Lavish Tails, a price may require altering. If this occurs you will be notified.
5.2 Please use the Shipping Calculator included on the website to calculate the shipping fee that applies to your order.
5.3. Shipping fees are subject to the standard charges applied by Australia Post and/or courier service providers, and are determined by packing size, weight and delivery location. Shipping fees are subject to change at any time and will be listed as a separate item on your invoice.
5.4 Due to the hand-made nature of our products, each one is unique and as such the details and materials may differ slightly from the description provided in the website.
6.1 The currency of any transaction is in Australian Dollars (AUD) only. Prices displayed on the website are exclusive of Goods and Services Tax (“GST”), which will be applied at a rate of 10% to Australian customers on making payment for the goods. GST will be listed as a separate item on your invoice.
7. Payment and Delivery
7.1 Please read the Payment & Delivery information contained in the website.
8. Risk and Title
8.1 Lavish Tails will retain title to the goods you order until you have made payment in full for those goods, but all risk in the goods will pass to you upon their delivery to you. Lavish Tails will insure the goods against damage up to the point of delivery to you by a courier or the postal service.
9.1 The circumstances in which Lavish Tails is obliged to make a refund is detailed in the Refund Policy.
9.2 Exchanges will not be accepted on Sale items.
10. Limitation of Liability
10.1 Lavish Tails will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute goods or resulting from any goods purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on the website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Lavish Tails has been advised of the possibility of such damages.
10.2 Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Lavish Tails for any breach of such term, condition or warranty shall be limited, at the option of Lavish Tails, to any one or more of the following:
10.2.1 if the breach relates to goods:
a. the replacement of the goods or supply of equivalent goods;
b. the repair of such goods;
c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. the payment of the cost of having the goods repaired.
11.1 While the information contained in the website is believed to be accurate and current, it is provided by Lavish Tails in good faith on an "as is" basis. Lavish Tails make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and does not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
12.1 If the website contains links to websites not maintained, controlled or associated with Lavish Tails, it does not make any endorsement, or any representation as to the accuracy of information contained on those websites. Lavish Tails will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
13. Forums and Blogs
13.1 You agree not to use the forum and/or blog on the website in any way which is unlawful, illegal, harmful or fraudulent, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
13.2 You agree not to use the website forum and/or blog to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under Australian and other applicable law. All material you copy, publish or send via the website forum and/or blog must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime.
13.3 Lavish Tails may take such action as deemed appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the website, or commencing legal proceedings against you. Lavish Tails reserves the right to remove, edit, move or close any thread for any reason.
13.4 The majority of content posted on the website forum and/or blog is created by members of the public. The views expressed are theirs and unless specifically stated are not those of the website or its owners. The website, its owners and moderators are not responsible for any content posted on the website forum and/or blog by members of the public.
14. Copyright Information
14.1 Unless otherwise indicated, copyright in the information on this website is owned by lavishtails.com.au, all rights reserved. Unless otherwise permitted by the Commonwealth Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by lavishtails.com.au.
15.1 Lavish Tails does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Lavish Tails will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Lavish Tails, it shall be limited to the cost of re-supplying that information.
16. Applicable Law
16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Australian Capital Territory. You agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
17. Data Protection
18. Newsletter Subscription
18.1 By subscribing to the Lavish Tails newsletter, you agree to receive promotional material via email. If you wish to cease receiving these emails, you can do so by selecting the option to “unsubscribe" from this list as provided in the newsletter.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Canterbury, Victoria before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Lavish Tails’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
19. Other Information
19.1 By using the lavishtails.com.au website, you are consenting to the collection of information by www.lavishtails.com.au.
19.2 If any changes to these policies occur, Lavish Tails will notify its customers by updating this section of the website.
As at: 22 December 2013
1.1 You will receive an invoice for goods ordered once payment is confirmed. Goods ordered are dispatched against advance payment only.
1.2 Payment for goods is made via PayPal, either with or without a PayPal account. Valid discount codes can be applied on return from PayPal to the Lavish Tails website where payment is confirmed.
1.3 Goods ordered that are in stock will be dispatched immediately, at the latest 5 working days following receipt in full at Lavish Tails of the invoice amount.
1.4 In the event that the invoice amount is not paid in full at the time of placing your order, Lavish Tails shall be entitled to rescind the order.
2.1 Unless agreed otherwise, delivery shall be made to the delivery address which you specified. Lavish Tails goods are generally delivered by Australia Post and/or courier, and may require a signature on receipt and your contact phone number. It is company policy that Lavish Tails do not post to Post Office boxes.
2.2 Postal addresses cannot be changed and your order cannot be cancelled once goods are dispatched. If the delivery is to your home address, it is best to ensure someone is home to receive the goods. If not, Lavish Tails recommend using an alternative, like your work address for delivery. If you are not home at the time of delivery additional delivery charges may apply.
2.3 If the supplier of Lavish Tails fails to supply the ordered goods, Lavish Tails shall be entitled to rescind your order. In this case, you will be informed immediately in writing of the non-availability of the goods and any purchase price which has already been paid will be refunded immediately.
2.4 Allow 5 to 14 working days for standard delivery within Australia and New Zealand. As Lavish Tails is unable to control delivery time after dispatch, details relating to a delivery deadline shall in each case be non-binding. If your order contains back-ordered items or is made to order, the Lavish Tails team will contact you regarding expected shipping timeframes, which may be up to 12 weeks.
2.5 For delivery of goods too large to send via Australia Post, Lavish Tails utilises a network of economical and reliable couriers.
2.6 Orders being shipped to you directly from a country outside of Australia, or orders being shipped to our New Zealand customers, may be subjected to custom duties, taxes and fees. For such shipments, you may be liable for these charges when the shipment reaches the destination country. Any additional charges that might be incurred for customs clearance must be borne by you. Lavish Tails will not be liable for any such charges neither will Lavish Tails be able to advise customers of these charges as they are beyond our control. Customers should research or contact their local customs/tax office for further information.
As at: 22 December 2013
1.1 Lavish Tails offer a 14 day return policy, during which you are able to return your item for an exchange, refund or store credit.
1.2 The following requirements must be met for goods to be exchanged, refunded or credited:
a. goods must be unused and in original condition (i.e. do not let your pets use, scratch or bite the goods);
b. goods must be returned in their original packaging; and
c. goods must be received within 14 days from date of invoice.
1.3 If goods are deemed by Lavish Tails to be used or marked, a refund will not be processed.
1.4 Lavish Tails does not offer refunds for change of mind, including selection of an incorrect size by the customer, or if a pet does not wish to use a product. Lavish Tails only offers refunds if the product is not functioning as would be reasonably expected from the information provided on the website. Lavish Tails may offer exchanges or a store credit, when the product has been returned in its original condition and with the original packaging.
1.5 Please note that goods requiring return to Lavish Tails for any reason remain the responsibility of the customer, and are returned at the customers expense. As Lavish Tails does not take responsibility for a return parcel until it is delivered to us, it is suggested that you use a postal or courier service which is able to trace the whereabouts of your goods once posted and also consider suitable insurance.
1.6 Whether returning goods for refund, exchange or credit, first phone or email Lavish Tails to discuss the reason for return. If the good(s) are being returned for exchange, Lavish Tails will use this opportunity to check stock availability and place the good(s) you require on hold. Note that goods will be held for 7 days. If your parcel has not been received by then, the good(s) will be placed back on the shelf.
1.7 Re-package the good(s) and post to the following address:
PO Box 302
Canterbury, VIC 3126
1.8 Once your parcel is received, Lavish Tails will send you the replacement product, provide you with a store credit coupon code or refund your money. This refund and credit excludes any delivery costs where charged (please note that shipping costs cannot be refunded with returns/exchanges).
1.9 Refunds and exchanges are processed within 3 working days of receipt of the original products at Lavish Tails.
As at: 22 December 2013
1.1 Lavish Tails uses your personal information for processing product orders and if subscribed, to send you email updates. Lavish Tails does not pass on your data to third parties without your express permission.
1.2 Should Lavish Tails be obliged by law or as a result of a decision of a court to do so, Lavish Tails shall pass on your data to institutions entitled to receive this information.
As at: 22 December 2013
1. Cart Encryption
1.1 Lavish Tails chooses Shopify cart facility so that customers can confidently undertake transactions with Lavish Tails in a secure on-line environment. The Shopify cart facility uses Secure Sockets Layer protocol (SSL) 128 bit encryption technology to protect your information and transactions. Whenever you make a transaction a padlock will appear in the check-out area to reassure you that the transaction is protected.
2. PayPal Security Protocols
2.1 All cart transactions are conducted through PayPal via cart integration with Shopify. The PayPal site is highly secure, is PCI DSS compliant and uses industry-leading technology (such as SSL) to keep your transactions with Lavish Tails safe.
2.2 PayPal automatically encrypts your confidential information in transit from your computer to the Lavish Tails website using the SSL protocol with an encryption key length of 128-bits (the highest level commercially available). Before you even register or log in to the PayPal site, our server checks that you're using an approved browser i.e. one that uses SSL 3.0 or higher.
2.3 Once your information reaches the PayPal site, it resides on a server that is heavily guarded both physically and electronically. PayPal servers sit behind an electronic firewall and are not directly connected to the internet, so your private information is available only to authorized computers.
2.4 Lavish Tails is a verified member of PayPal.
2.5 Mechanisms that make the PayPal site so secure are:
2.5.1 Technology - PayPal's state-of-the-art fraud models and proprietary fraud engine work together to help stop fraudulent transactions before they happen. In addition, PayPal stays at the forefront of security, developing many anti-fraud technologies every year.
2.5.2 Experience - with PayPal, you've got the industry's most experienced fraud team on your side. PayPal processes billions of dollars in payments each year, allowing them to continually perfect their anti-fraud protections. As a result, PayPal's loss rate is significantly lower than the industry average. We also work with federal law enforcement to catch criminals.
2.5.3 Privacy - PayPal is committed to protecting the privacy of their users. When you send or request money using PayPal, recipients never see your bank account numbers or credit card numbers, they only see your email address, date of sign-up, and whether or not you have completed PayPal's Verification process.
As at: 22 December 2013