In these terms and conditions, “we” “us” and “our” refers to Somnio Pty Limited t/a Lulu and I. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Product Pricing
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
Product Descriptions
- We strive to ensure that our products are described as accurately as possible on our website, 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 have been provided for illustrative purposes only and due to different monitors, software and setting, we can’t guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
- We endeavour to ensure that our product list is current however due to technology or unforeseen demand we may be out of stock of your chosen item immediately prior to your purchase. In this case, we will contact you within 24 hours of your order to remedy the situation to your satisfaction.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase. Please see our Shipping Page (please insert hyperlink to our shipping page) for further information.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 48 hours. If we have not responded to you within 48 hours, your offer is deemed to be accepted. The most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Payment must be made in full before shipment of products.
- All risk of loss or damage to the goods passes to you when we despatch the goods. All goods will be registered and insured at our cost unless implicitly communicated by us.
Product Returns
- We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, please visit our Returns, Exchanges and Refunds Page (please insert hyperlink) for instructions and please ensure you notify us as soon as possible but within no later than Seven (7) days of receipt of your purchase.
- We also undertake to exchange or refund any undamaged product purchased from us due to any other reason so long as it is returned unused, in original packaging and with proof of purchase within Seven (7) days of purchase.
- Prior to return of faulty or unwanted goods for any reason for either exchange or refund, you must obtain an RA (return authority) number from our customer service department. Once an RA has been submitted, we will accept all postage charges provided our chosen carrier is used. If undamaged goods are returned to us for exchange or refund and not accompanied by and RA number or by our chosen carrier, the return will be entirely at your cost and risk.
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Site Access
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
Indemnity
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
- If a Force Majeure event causing delay continues for more than Ten (10) days, we may terminate this Agreement by giving at least Two (2) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- Our compliance with privacy legislation is set out in our separate Privacy Policy. (please provide hyperlink to our Privacy Policy page)
For further information or clarification in regards the above Terms and Conditions, please contact our customer service department via our Contact Us page.
