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TERMS.

Terms of Use

Thank you for visiting our website (www.louelle.co) which is owned and operated by Louis Louelle Pty Ltd (ABN 49 608 053 658), trading as [“Louelle”]. You must be at least 14 years of age to use our Website, or if you are under 14 years of age, you must have the consent of a parent or guardian. By accessing and/or using this Website and related services, you agree to these terms of use (Terms). You should review our Terms carefully and immediately cease using our Website if you do not agree to these Terms.  In these Terms, “us”, “we”, “our” and the “Company” means Louelle. These Terms govern the way we supply any of the products listed on the Louelle website (Products). Please not that our Products are sold for personal use only.

 

Product Availability and Detail

All orders are subject to acceptance and stock availability, and only those Products currently displayed on the Website are offered for sale. Please be aware that images of the Products displayed on the Website are for indicative purposes only, and you must read the product description and be aware of the details for each Product.  To this end and to the fullest extent allowable by law, including the Australian Consumer Law, we make no warranty as to the accuracy or completeness of the information displayed on the Website. 

 

Product Ordering and Confirmation

Once your order has been placed, you will receive an email acknowledging the details of your order. It is your responsibility to confirm your order is correct. This email is not an acceptance of your order, just a confirmation that we have received it. If a Product you have ordered is out of stock and unable to be delivered, we will notify you as soon as possible and will happily refund the full purchase price or put your payment towards another Product of your choosing. 

Acceptance of your order and completion of the contract between you and Louelle will be completed when we email you to confirm your order has been dispatched (Dispatch Confirmation). Please be aware that we will not be obliged to supply any other Products that may have formed part of your order unless confirmed in a separate Dispatch Confirmation.

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for your payment, the Product ordered is out of stock or does not satisfy our quality control standards and is withdrawn from sale, there is any ongoing dispute with you as the customer, or we have reason to believe the Product is not being purchased for personal use in accordance with Clause 1 above.

We may also refuse to accept a transaction for any reason and at any time at our sole discretion.

 

Customer Information

All customers are required to complete the necessary fields to enable delivery of your order. This includes providing information to identify yourself, a valid email address and postal address for your order.

 

Pricing

All prices displayed on our website are in Australian dollars and are inclusive of GST.  All payments will be processed in AUD.  For International customers, you acknowledge that the final price will be calculated in accordance with the applicable exchange rate on the day your payment is processed.

We offer free delivery Australia wide for orders in excess of $149.00AUD. Please refer to the shipping section of our Website for all shipping options and charges.

 

Payment

During the checkout process, you will be asked to complete your payment details. Payments can be made via Amex, Visa, Mastercard or Paypal.

Payment will be debited and cleared from your account prior to dispatch of your order. By submitting your order, you confirm and warrant to us that the credit/debit card that is being used is yours or that you have authorisation of the card or account holder to use it.  All payments are subject to authorisation by your card issuer. If your payment to us does not process for any reason, we will not be liable for any delay or non-delivery of your order.

Please note that we will take all reasonable care to keep the details of your order and payment secure as required by law, however in using our Website, you agree and acknowledge that we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any information you provide to us.

 

Delivery

We will use our best endeavours to ensure that orders are processed and dispatched on the business day following the placement of your order, however cannot be held responsible for delays caused by unforeseen circumstances or circumstances outside of our control.

We will provide you with a tracking number to track your order. Delivery times will vary depending on your location. Express delivery options are available at special request and additional charge.

 

Receipt of Order

All Products purchased will be your responsibility from the time of delivery. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, and issue you with a Dispatch Confirmation.

 

Customer Returns

Louelle will happily accept a return within 30 days from you receiving the order and provide you with an exchange or full refund, excluding any shipping costs. All Products must be returned in original packaging and condition, and returns that are damaged or soiled will not be accepted and a refund will be refused. Please be aware that there are no returns/exchanges or refunds on sale items, and that the cost of all returns will be at your sole expense.

Once we have received your returned item, we will ship your new item to you at no additional charge (for exchanges) or email you with confirmation of your refund.  Please allow up to 14 days for exchange or refunds to be processed. Louelle cannot be held responsible for the loss of items being returned.

 

Returns Address:

37 Invermay Grove 

Hawthorn East, VIC, 3123

Australia

 

Faulty Goods

We work hard to ensure all Products sold are of the highest quality. If you have a concern about the quality, receive a damaged Product or notice a fault, please email us at info@louelle.co as soon as possible so we may urgently review the matter for you.

 

Warranty and Liability

We give an express warranty that the all Products purchased from the Website will be reasonably fit for purpose.

Other than as abovementioned, Louelle does not extend or express any warranties or representations as to the quality and/or accuracy of any Product advertised on the Website, and expressly disclaims and excludes any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law.

In no way limiting the generality of the above, we offer no warranty and hereby exclude any liability in connection with any unusual or non-recommended use of the Products. It is your responsibility to ensure that any Product purchased is suitable and/or safe to use with your child, including undertaking any necessary monitoring or supervision of the Product’s use.

To this end, in no way will we be held liable for any death or injury caused to any person whatsoever in connection with the use of our Products, to the fullest extent permissible under applicable law.   

Further to this, you agree and acknowledge that your use of our Website is at your sole risk. We will not be responsible for any interruptions, data loss or damage, viruses or malfunctions caused or received in connection with your use of the Website.

 

Remedies

To the fullest extent permissible by applicable law, the sole remedy available to you for breach of warranty is limited at our option to either:

      1. refund of the price paid in respect of a Product; or

      2. rectification of the Product, so that it complies with the warranty.

 

Intellectual Property Rights

You acknowledge that your use of the Website or purchase of our Products does not result in the transfer to you of any intellectual property rights subsisting in the Product or Website.

 

Reading down

If any provision of these Terms or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, then so far as possible, that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or part of it will be taken to be void and severable and the remaining provisions of these Terms will not be affected or impaired in any way, unless severance alters their basic nature, or is contrary to public policy.

 

Entire understanding

These Terms constitute the entire agreement between you and Louelle and sets out a full statement of the contractual rights and liabilities of the parties in relation to the Products.

 

Amendment

We may, in our sole discretion, change these Terms from time to time. You agree that we may notify you of any updated Terms by posting them on the Website or sending them to you by email. Your continued use of our Website after the effective date of the updated Terms constitutes your agreement to those Terms.

 

Severance

Any failure by us to enforce any of these Terms shall not impact on our right to require performance by you at a later time, nor shall the waiver by us of any breach of the Terms be taken as a waiver of the clause or clauses itself.

 

Governing Law and Jurisdiction

These Terms shall be construed in accordance with and be governed by the laws of the state of Victoria, Australia and all parties agree to submit themselves to the non-exclusive jurisdiction of the courts of the state of Victoria.

 

All enquiries regarding these Terms & Conditions may be directed to: info@louelle.co

 
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