Website Terms and Conditions

Website Terms and Conditions

 

 

Welcome to Lunar DeeSigns, 

 

This Site is owned and operated by Lunar DeeSigns Pty. Ltd. ABN 55 648 205 332 (referred to in these terms as Lunar DeeSigns “we”, “us”, and “our”).  Please take the time to read the terms of use that are applicable to the use of this Site and the content made available to you via this Site and our social media channels (“Terms”).   These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).

We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.

1. 1.CONSENT TO SITE TERMS

By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms. 

2. 2.NO MINORS

By using the Site, accessing or purchasing any products or services, you warrant that:

(a)          you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b)          have read and accepted these Terms; and

(c)          will comply with these Terms.

3. 3.CHANGES TO THESE TERMS

(a)          We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you.  These changes will be effective as of the date we post the revised version on this Site.  It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services.  If at any time you choose not to accept these Terms, you should not use this Site.

(b)          By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site.  If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

4. 4.ORDER PROCESSING AND SHIPPING

(a)          All purchases are final and are inclusive of GST.  If you have finalised a purchase you have consented to having read and accepted the following processing times.  Current minimum processing times for ‘in-stock’ orders are 3-7 business days (this does not include weekends).  Due to circumstances outside of our control, sometimes processing times will increase, and we will endeavour to contact you if this occurs.

(b)          Custom orders and pre orders will have different processing times, which we endeavour to clearly mark on the listing page.  If you have purchased both ‘in-stock’ items and custom/pre order items, your entire order will be held until your custom/pre order has been processed.

(c)          Processing time is in addition to shipping time so please be prepared in advance when ordering for special occasions.

(d)          Postage costs within Australia is currently $10.60 which includes tracking.  We are currently only shipping to Australia, Singapore, New Zealand and the US.  International postage for most items is approximately $21 depending on the size/weight of the purchase.  Your item will be posted in a box (to protect your order from damage) this means the cost of international shipping is for parcel postage.

(e)          It is THE BUYER'S RESPONSIBILITY TO PAY FOR ANY AND ALL DUTIES, TAXES AND CUSTOM CLEARANCE FEES which may be incurred when posting internationally.  All pieces are packaged well to protect from damage.  Please contact us if any problems have occurred.

(f)           If the unlikely event that your item does not arrive in the post in 4 weeks from date of postage (domestic) and within 8 weeks from date of postage (international) then please contact us so that we can lodge a 'lost parcel' file with Australia Post.

(g)  By purchasing any item on this site you agree that you have read and understood all the details of the product(s) in the listing(s). This incudes the features of the product and sizing information. By purchasing the product you agree that you understand that refunds and exchanges are not available for change of mind, or for if you have purchased an incorrect size. 

(h) It is the buyer's responsibility to provide the correct shipping address at the time of purchase. 

(i) Tracking numbers are sent to you when I process your order, and this comes from an email originating from Australia Post. Please check your junk mail folder for your tracking information.

5. 5.LOCAL PICK UP

There is an option at checkout for local pick up.  This option is for those who prefer to collect their order instead of paying for postage.  Local pick up is in The Gap Brisbane (4061).  If this option is selected at checkout, we will contact you via your provided email address with all the pick-up details after we have processed your order.  We will attempt to contact you 3 times only.  Please check your junk mail folder.  If you fail to pick up your order after 1 month since purchase, I will donate your purchase and no refund, credit or other compensation of any kind will be issued or provided.

6. 6.COMBINING ORDERS

On an advertised Restock Night it is possible to combine multiple orders and this can be done with the code ADD or ADD4INTERNATIONAL within a four hour time-frame.  This can only be done on the restock night.  If you wish to combine orders at any other time you must email us, before purchase at LunarDeeSigns@hotmail.com to see if this is possible.  Once processing has started on your order, whether it has been shipped or not, I am unable to combine orders for you and shipping costs must be paid for each order.

7. 7.REFUNDS AND/OR EXCHANGES

(a)          It is very important to us that you are satisfied with your purchase and our service.  In the unlikely event that you are not happy due to an item being faulty in some way, then subject to clauses 7(b) and (c), you are welcome to claim for a refund/exchange within 14 days from when you received your order.  Please contact us if you have any problems with your purchases.  Please note, should you wish to refund or exchange your purchase, postage costs cannot be refunded.  If a refund or exchange has been discussed and agreed, a refund or exchange will only be given once the item(s) have been returned in their original condition.

(b)          Due to hygiene reasons, earrings cannot be exchanged or refunded unless we assess them as faulty.  All items made by Lunar DeeSigns are handmade.  This means that each piece is unique and individual, no two pairs, nor two pieces will be exactly alike.  Handmade resin items may come with slight cosmetic imperfections.  These cosmetic imperfections do not affect the integrity of the items and are not considered a fault, they are a characteristic of handmade items.  Examples of cosmetic imperfections include small air bubbles holes, rough edges and/or random glitter colours within the final piece.

(c)          All return postage costs are paid for by the buyer.

8. 8.DISCOUNT CODES

(a)          Please do not abuse discount codes.  If you use a discount code to get free shipping (such as the ‘ADD’ feature on a restock night) and you are not eligible, your pieces will not be posted until shipping costs are paid.  If I am unable to contact you (or do so within a reasonable period), your purchase will be forfeited.

(b)          If discount codes are not used at time the of transaction they cannot be applied afterwards. 

9. 9.INTELLECTUAL PROPERTY

(a)          The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the Content.

(b)          You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our intellectual property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.  We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms. 

(c)          Without limiting the above, you acknowledge and agree that: 

(i)         you will not use, copy or substantially reproduce any of the intellectual property (including designs or products) or Content on or from this Site, or which you purchase from this Site, or which otherwise come into your possession or control, for any reason or purpose; and

(ii)        you will not take apart, deconstruct or use any Content or product from this Site for the purpose of creating a mould or otherwise reproducing, replicating (or substantially reproducing or replicating) the Content, product or any design or other intellectual property.

10. 10.LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties.  Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites.  It is up to you to decide if those websites and their content are helpful or acceptable to you, and we make no representations in this regard.

11. 11.PRIVACY

(a)          Your privacy is important to us.  All information collected is used for the purpose of processing your order.  By using this Site, you consent to your data being collected for the processing of your order collected via our secure payment methods and warrant that all data provided by you is true and accurate.  If you sign up to our newsletter you consent to being contacted via email for promotional purposes.  You can opt to unsubscribe from email lists at any time.

(b)          We will never give out or sell any of your information to a third party.

12. 12.ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.  You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

13. 13.INFORMATION AND ADVICE

(a)          Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances.  The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

(b)          We do our best to ensure that the colours of any products are accurately displayed.  However, please note that on occasion the colour on our Site may seem different, depending on the device you use.  This difference can arise for a number of reasons that are outside of our reasonable control, and may mean that the displayed colour on your device does not accurately reflect the colour of the product.

(c)          You acknowledge and agree that any referencing of products or services on our Site by us, including any processes or other information, does not constitute or imply our endorsement, sponsorship or recommendation of the products, services or other information.

10. 14.PROHIBITED USE

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:

(a)          for any unlawful purpose;

(b)          to solicit others to perform or participate in any unlawful acts;

(c)          to violate any international, federal, or state regulations, rules, laws, or local ordinances;

(d)          attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;

(e)          hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(f)           infringe upon the rights of any other person's proprietary rights;

(g)          send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(h)          attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

11. 15.WARRANTIES AND DISCLAIMERS

This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:

(a)          they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;

(b)          access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or 

(c)          there is no possibility of failure to store communications or other data.

12. 16.LIMITATION OF LIABILITY

(a)          To the fullest extent permitted by applicable laws, we have no liability to you for any cost, expense, loss, liability, claim, or demand of any nature whatsoever.  For the avoidance of doubt, this includes that in no event are we responsible for any losses or expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. 

(b)          Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

13. 17.OUR RIGHT TO BE INDEMNIFIED BY YOU

(a)          To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any cost, expense, loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis):

(i)         made by any third party due to or arising out of your use of this Site in violation of these Terms; and/or

(ii)        arising from an actual or alleged breach of these Terms or any actual or alleged breach of your representations and warranties set out in these Terms or any actual or alleged breach of any law or the rights of a third party.

(b)          Without limiting clause 13(a), you acknowledge and agree that a breach of any of the obligations set out in clause 4 will cause significant loss to us and that you will indemnify us for any actual or alleged cost, expense, loss, liability, claim, or demand, (including legal fees on a full indemnity basis) of whatever nature that we suffer or incur or may suffer or incur.

(c)          You acknowledge and agree that any actual or alleged loss, liability, claim or demand (including legal fees on a full indemnity basis) notified to you by us under this clause 13 will be a debt immediately due and payable by you to us.

14. 18.BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

(a)          where you breach any provision of these Terms; or

(b)          at any time by us without notice,

in which case all disclaimers, indemnities and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

15. 19.SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

16. 20.CEASING OUR WEBSITE

We have the right to discontinue this Site.  If we decide to do this, it can be at any time and may be without notice to you.  We may also exclude any person from using our Site, at any time and at our sole discretion.  We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

17. 21.ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required.  However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

18. 22.ENTIRE AGREEMENT

(a)          These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

(b)          Any provision of, or the application of any provision of, the Terms which is prohibited in any jurisdiction is ineffective only to the extent of that prohibition. 

(c)          Any provision of, or the application of any provision of, the Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

19. 23.GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia.  In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.