La Bella Online Website Terms of Use
www.labellaonline.com (the Site) is a website which advertises, promotes and sells jewellery for adults and for children aged over 3 years .
The Site is owned and operated by La Bella Creations Pty Ltd (ACN 135 688 658).
Please read these Terms of Use carefully before accessing or using the information, content, and services available through the Site or purchasing goods offered for sale through the Site. If you are under 18 years of age, you must obtain a parent/guardian’s consent before accessing and using the Site.
Important Notice: these Terms of Use constitute a legally enforceable agreement with La Bella Creations. If you do not agree with any of these Terms of Use, you are not permitted to use the Site or to purchase goods from the Site and you should immediately exit from it.
By accessing and using the Site or purchasing goods from the Site, you agree that your access and use is governed by these Terms of Use. Your use by accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these Terms of Use.
La Bella Online User Account
If you register on La Bella Online (whether as part of the process to purchase goods advertised on the Site or otherwise), you are required to create a La Bella Online user account. The registration process requires that you select a password and display name, which consists of an email address you own and use (User ID). You acknowledge and agree that your User ID is accurate and complete. La Bella Online reserves the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID. You must immediately notify La Bella Online of any unauthorised use of your User ID or password, and ensure that you exit from your account at the end of each session.
Modifications
La Bella Online may modify these Terms of Use at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Site at all times.
Prohibited Conduct
You must not:
a) use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party's rights, are contrary to any relevant standards or codes;
b) use another’s name, username or password without their permission;
c) tamper with, hinder the operation of, or make unauthorised modifications to the Site;
d) knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
e) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
f) modify, adapt, translate, or reverse engineer any portion of the Site;
g) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
h) collect any information about other users or La Bella Online user accounts (including usernames and/or email addresses) for any purpose other than to share opinions or reviews with other users or members;
i) reformat or frame any portion of the web pages that are part of the Site;
j) create user accounts by automated means or under false or fraudulent pretences;
k) use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
l) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
m) use the Site otherwise than in accordance with these Terms of Use; or
n) attempt any of the above acts or permit another person to do any of the above acts.
Our use of your information
We retain the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws. More information about the information we collect from you and what we do with that information is set out in our privacy policy.
We reserve the right to terminate, without prior notice, your access to your La Bella Online User account.
Intellectual Property Rights
Unless otherwise stated, La Bella Online owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by La Bella Online, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on the Site:
(a) store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
(b) print hard copies of material for your personal information, but not commercial use.
If you contribute postings or any content to the Site, you grant La Bella Online a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails), in any form, and by any current or future media or technology. You consent to La Bella Online not attributing your authorship to any of your postings to this Site.
No endorsement
The display of third party merchant trade marks on the Site does not constitute or imply La Bella Online’s endorsement of or affiliation with such merchant or business (except to the extent that merchant is permitted to display content on the Site pursuant to their merchant agreement with La Bella Online).
inclusion of a third party link on the Site does not constitute La Bella Online’s endorsement of that site or the merchant, products, services or information contained or listed on that linked to site.
Limitation of Liability
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use the Site or the content, postings or material on or accessible through the Site (including any other content or transactions conducted through the Site or a linked site).
Except as expressly stated in these terms, La Bella Online will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or materials of the Site (including linked websites) or goods purchased through the Site, whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.
Purchase Terms
We make no warranty that goods purchased from us through the Site will meet your requirements.
Details contained on this Site relating to goods have been prepared in accordance with Australian law and may not satisfy the laws of any other country.
You may offer to purchase goods described on this Site for the price specified on the Site. Your order must contain your name, email address, credit card details and any other ordering information specified in the ordering process contained in the Site. Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods for any reason, we will not be under any further liability to you arising out of your original offer or our non-acceptance of that offer. If we have not responded to you within seven days, your offer will be deemed to be rejected.
We give no undertaking as to the availability of products advertised on the Site. Delivery of the goods to you will be effected in the manner described on the Site.
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Payment must be effected in the manner described on the Site. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
The goods are offered for sale only to persons who can make legally binding contracts.
Cancellation due to error
You acknowledge that despite our reasonable precautions, products may be listed on the Site at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Pricing and delivery
We have set up the Site so that all prices displayed are in Australian dollars by default. However, at your sole risk as to currency and exchange rates, you may change the currency by clicking on the International link at the top of the page.
All orders are dispatched within the next 2-3 working days, but subject to availability. You acknowledge that although we aim for delivery within 3-7 working days of dispatch, there may be circumstances beyond our control (including but not limited to strike, lockout or third party error) which affect delivery.
Our ABN is 96135688658.
Refunds, replacement and exchange policy
You acknowledge that the following refunds, replacement and exchange policy is without prejudice to any non-excludable consumer rights under applicable law.
We want you to be satisfied every time you shop with La Bella Creations. If there is a problem with one or more items of goods purchased from us via the Site, please contact us on info@labellaonline.com within 30 days of purchase to request refund, replacement or exchange and, noting your request but subject to availability of replacement goods or exchange goods, we will arrange for a refund, replacement or exchange on the following basis.
You are entitled to return goods and ask for a refund or exchange if the item you purchased appears to:
have a defect that you could not have known about at the time of purchase;
- not be the same as the description provided; or
- not do the job as you were led to believe.
You are unfortunately not entitled to a refund if you:
- simply change your mind, or no longer want the goods;
- realise you can't afford the goods;
- found the same item at a cheaper price elsewhere;
- chose the wrong size or colour;
- knew or could be reasonably expected to know about the particular defect prior to purchase; or
- were responsible for causing the defect.
Notices
You hereby acknowledge each of the following notices.
Wear restriction: Our jewellery is tougher than most but it is not unbreakable. Please do not apply heat, pressure or other physical force other than that which is necessary to wear the jewellery and look after it with tender loving care.
Care restriction: Please do not spray perfumes directly onto our jewellery. Please do not use cleaning agents or other chemicals on our jewellery (except if and to the extent indicated otherwise in specific care instructions).
Age restriction: Our jewellery is for the use of adults and for children 3 years and older. It is not a toy.
Choking hazard: Please ensure that children between 0-3 years of age do
not put jewellery items in their mouth for fear of choking. Please note that they are a
visual stimulation to infants if using whilst feeding, changing or otherwise nursing.
Indemnity
By entering and using the Site and any information or products offered via the Site, you must indemnify La Bella Online against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, content or materials.
Warranties, exclusions and limitations
La Bella Online provides the Site on an "as is" basis without any express or implied warranty of any kind.
While La Bella Online exercise all due care and precautions, La Bella Online cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.
In compiling content for the Site, La Bella Online relies on information supplied by a number of external sources and content posted by third parties, including the content of any messages or reviews. As La Bella Online does not control the content posted by third parties on the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content. We do not warrant the information provided on the Site is free from human or automated error. You must not rely on any information presented on the Site. Reliance is solely at your own risk.
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation (including but not limited to the Trade Practices Act 1974 (Cth.)) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our election): (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Except as otherwise stipulated in these Terms of Use, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms of Use.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Severability
If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.
Governing Law
This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of the Australian Capital Territory, Australia.
Links to External Sites
Where the Site includes links to other web sites, La Bella Online does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material on these other web sites. These sites are maintained by third parties and are not under the control of La Bella Online. La Bella Online is not responsible for the content of any linked site or any link contained in a linked site.
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