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This website located at www.lillieandlotte.com.au (Website) is owned and operated by Lille and Lotte in its capacity.
Use of our Website and access to our products and services are subject to terms and conditions governing our relationship with you, when you access our Website, interact with us via social media and when you purchase products or services from or through us or this Website. By continuing to interact with us in any way, including by acquiring products or services from or through us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
1. Access to Website
1.1 If you disagree with any of these terms and conditions, you must stop using the Website and navigate away from it, and not purchase any products or services from us.
1.2 Any changes to the terms and conditions will be highlighted in bold for a period of 14 days following the changes being made. You must stop using the Website if you do not agree to any change in our terms and conditions. You are deemed to accept the changes if you continue to use the Website after the changes have been made available on the Website.
1.3 It is your responsibility to check the terms and conditions for changes when you use the Website. Lillie and Lotte does not have any responsibility to inform you of changes beyond the requirements in clause 1.2 above.
2.1 Lillie and Lotte does not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible or functional (whether wholly or partly).
2.2 To the greatest extent permissible by law, Lillie and Lotte gives no warranty and makes no representation, express or implied, as to:
2.2.1 the adequacy or appropriateness of any goods or services supplied by us to you for your particular needs or purposes;
2.2.2 the truth, correctness, completeness or freedom from error of any content on the Website published by someone other than us;
2.2.3 any implied warranty or condition as to merchantability or fitness of any products or other goods or services for a purpose other than that for which they are commonly used;
2.2.4 the appropriateness of the products for your pets, or other applications of that product.
2.3 Lillie and Lotte is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss or damage to property, injury, illness or death of pets, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the products or services you purchase from or through us.
2.4 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the products and services you have purchased, or the resupply of those products and services.
3. Terms of sale
3.1 Products purchased from Lillie and Lotte will only be shipped once full payment has been received from you.
3.2 Lillie and Lotte reserve the right to cancel orders in the event of a pricing error, or technical malfunction that would cause the products to be sold at less than their recommended retail price.
3.3 Orders once placed may not be cancelled, and no refunds will be available for a change of mind.
3.4 You are responsible for ensuring that the products are appropriate for you and your pets. Any injury, illness or death of your pet or those of third parties incurred in the use of the products is your responsibility, and you agree not to hold Lillie and Lotte, its suppliers, agents, officers or employees responsible for any such loss or damage.
4. Content and Intellectual Property Rights
4.1 The content and design of the Website, and the typeface, imagery and logos used to depict the goods on our Website form part of our intellectual property. Products may also be the subject of our intellectual property. Lillie and Lotte will defend the intellectual property rights in connection with our goods and the Website.
4.2 Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website.
4.3 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
4.4 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
4.5 You agree to not offer products purchased from us for resale.
5. Product returns
5.1 In the event the products are not delivered, you agreed to provide Lillie and Lotte with all necessary details for Lillie and Lotte to assess such a delivery failure. Lillie and Lotte will respond to a delivery failure on a case by case basis.
5.2 Where you believe there is a fault or problem with a product we have provided, you agree to provide Lillie and Lotte with photographic evidence or return the product to Lillie and Lotte (at our election) as proof of any product failure or fault. Lillie and Lotte may reimburse your reasonable postal expenses if we deem a product failure or fault to have occurred.
5.3 If we determine that there has been a product failure or fault we may, at our election, provide a preplacement product of equal or greater value or a refund of an appropriate portion of the fees you have paid to us.
6. Website Security
6.1 Lillie and Lotte will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.
6.2 You agree that you will not, and will not allow any other person to:
6.2.1 use the products purchased from us for any purpose other than for your personal use;
6.2.2 use the Website or products for any illegal, unlawful, improper or infringing purpose.
6.2.3 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website;
6.2.4 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Lillie and Lotte’s data or the data of our customers.
6.3 You agree to use the Website in accordance with any and all applicable laws.
To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Website or products purchased from us, or by any other person using your computer, of any intellectual property or other right of any person.
7.1 Use of the products may pose a risk to your safety and that of others. You agree that you will take reasonable precautions in using the products, including, but not limited to:
7.1.1 following all instructions and manuals provided with the products (if any); and
7.1.2 not allowing your pet to use the products unsupervised.
7.2 You agree to hold Lillie and Lotte, its suppliers, agents and employees harmless from any loss or damage suffered by you in using a product purchased from us.
8. Miscellaneous provisions
8.1 If any of these terms and conditions are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
8.2 No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
8.3 If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
8.4 Lillie and Lotte is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
8.5 This document and any transactions governed by it will be governed by and construed in accordance with the law of Queensland. You submit to the exclusive jurisdiction of courts in Queensland.
8.6 This document records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
8.7 You may not assign, delegate or novate these terms and conditions to any other person or body corporate without our written authority.
8.8 Lillie and Lotte retains the right to assign, delegate or novate these terms and conditions without notice.