1 Definitions and Acceptance of Lehane’s Terms and Conditions
1.1 For the purposes of these Terms and Conditions, the following terms will be defined as follows:
“Delivery Address” means the address specified by you during the placement of an order by you for the delivery of Products that we will supply to you under these Terms and Conditions;
“Lehanes”, “we” or “us” means the business trading as Lehane’s Fine Stationery (ABN 452 5121 8870);
“Product” means each good or service that is advertised on the Website; “Terms and Conditions” means the terms set out below;
“Website” means the website on which these Terms and Conditions appear.
1.2 This Website is operated by Lehane’s to allow you to browse and purchase Products. Your access to and use of this Website and any purchase by you of any Product through the Website is subject to these Terms and Conditions.
1.3 Please read these Terms and Conditions before accessing or using the Website. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before ordering any Products through this Website.
1.4 You will not use the Website for any purpose that is unlawful or not authorised by these Terms and Conditions. By using the Website you accept the terms, conditions and disclaimers contained in this notice.
2 Advice and Links to Third Party Websites
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
The Website may include links to third party websites that are controlled and maintained by others.
Any link to another website is not an endorsement of such website and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
3 Change of Use
Lehane’s reserves the right to:
(a) change or remove (temporarily or permanently) the Website or any part and any Product without notice and you confirm that Lehane’s shall not be liable to you for any such change or removal and;
(b) change these Terms and Conditions at any time, and your continued use of the Website or purchase of any Product following any changes shall be deemed to be your acceptance of such change.
4 Placing Orders
4.1 You may order Products by selecting and submitting your order through the Website in accordance with these Terms and Conditions.
4.2 Any order placed through this Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order. Any order for Products which are customised or need to be specially ordered for you will be subject to a separate quotation which must be approved by you before acceptance by us. Customised, specially prepared or specially ordered Products will require a longer time frame for delivery and are priced differently. You will need to contact us to obtain details of the lead times and obtain a quote prices for such customised or special orders of Products.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Website.
5 Acceptance or Rejection of Orders
5.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Website or in your order.
5.2 Each order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms and Conditions.
5.3 If we reject an order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
6.1 We will only deliver Products ordered through the Website to a location where Australia Post can provide delivery services through ordinary surface mail within an agreed timeframe for delivery. During the ordering process, you agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfil your order that we have accepted.
6.2 We will aim to arrange delivery through Australia Post during the timeframe for delivery. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of such delay as soon as reasonably possible.
6.3 If you ask us to deliver Products where Australia Post is unable to deliver or inside a place or building at the Delivery Address and we agree to such special delivery instructions, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
7 Risk and title
Risk in the Products passes to you when we despatch Products through Australia Post or deliver them to a carrier for delivery to you. Insurance of the Products against loss during transit is available at additional cost. If you wish to have the Products insured against loss during transit, please contact us. Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products; and
(b) delivery of those products to the Delivery Address.
8.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery and handling fee provided to you at the time you selected the relevant Product when placing your order; and
(c) any other fees and charges set out in these Terms and Conditions, which may include for example insurance (if you indicate that you require this), Product customisation fees or special orders.
8.2 All fees and charges identified in these Terms and Conditions and all prices for the Products include GST where applicable.
8.3 Except for customised products or special orders which will require you to contact us for a quote, the purchase price of each Product is shown on the product list on the Website at the time you place your order.
8.4 You must pay the fees and charges using the payment methods set out in these Terms and Conditions.
8.5 We accept the following methods of payment
(a) Visa and Mastercard credit or debit card; and
(b) direct bank deposit.
8.6 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
8.7 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
8.8 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order and the credits applied.
8.9 If you wish to use direct deposit to pay the fees and charges for the order that has been accepted by us, then you must contact us by telephone or email (contact form) . Once you have deposited the amount for the fees and charges for your order, then you must send an email (contact form) and include the details of the order, the date deposited, the amount deposited, the customer number and the email address of your account to enable us to apply the direct deposit to your order that we accept. If you wish to use this payment, you must allow at least 48 hours for confirmation of your payment.
9 Where we can cancel an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that order are not available; or
(b) there is an error in the price or the product or service description posted on the Website in relation to the relevant Product in that order; or
(c) that order has been placed in breach of these Terms and Conditions. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if you are not at fault or in breach of these Terms and Conditions.
If you wish to return a Product that was provided to you under these Terms and Conditions, then you must contact us by telephone or email within 48 hours of the delivery time to make arrangements to return that Product, giving us reasons why you wish to return the Product.
If we agree to accept a return, you must return the Product to us intact and undamaged including all original packaging; or we may collect the Product (at an additional charge that we will notify you at that time).
You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may reject or deny your claim. You may not return Products which have been customised or specially ordered unless we agree to do so.
11 Intellectual Property (copyright, designs, trademarks etc)
(a) acknowledge that the copyright in the Website, the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website, and the Products (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Website without our prior written consent.
11.2 You may:
(a) store a reproduction of the content on this Website on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
11.3 This Website contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
You warrant that:
(a) all information and data provided by you to us through the Website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Website and your placement of any order to us.
13.1 Subject to clause 13.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of this agreement. You acknowledge that the Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose.
13.2 Subject to clause 13.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
13.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
13.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
13.5 Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
You agree to indemnify and hold Lehane’s and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Lehane’s arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website or any products or services acquired by you from us.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
16 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the Victoria, Australia and you hereby submit to the exclusive jurisdiction of the courts of Victoria.
Other Terms and Conditions
These Terms and Conditions constitute the entire agreement between you and us regarding the Products and this Website, and supersedes all other prior or contemporaneous oral or written agreements. These Terms and Conditions may not be assigned, sublicensed or subcontracted by you without our prior written consent.
If you have any questions regarding these terms, please contact us by via the details on our contact us page