By navigating through or in any other way utilising www.lazurah.com and any of its sub-domains (the Site) or by ordering our products in any manner, you agree to be bound by the following terms and conditions:
1. The Site is carried on under the name Lazurah (we/us/our).
2. Any reference in these terms and conditions to ‘you’ or ‘your’ is relevant to you as a customer of our products and/or user of our website.
3.If you make a purchase of any products on our website (a Purchase) you are irrevocably declaring that:
(a)you are of 18 years of age or acting with the consent of your parent/guardian if not;
(b)you are the authorised holder (or acting lawfully with the true consent of the authorised holder) of the credit card or Paypal or other account used to make the Purchase; and
(c)you have read these terms and conditions and voluntarily agree to be bound by them.
4.The payment process for a Purchase will occur as follows:
(a)you must click on the ‘View Cart’ button so that you can confirm which product/s you have selected to buy;
(b)you must then click on the ‘Proceed to Check Out’ button;
(c)you must then enter your contact and payment details. Once these details are fully entered you must press the ‘Confirm’ button to complete the Purchase;
(d)an invoice will be emailed to your nominated email address and the product/s you have purchased will be identified on that invoice (the Product/s).
5.Depending upon the currency of the purchase, the credit card’s money currency and the country in which the credit card was issued, the credit card provider may impose fees in accordance with your arrangements with that credit card provider.
Return/Refund of a Purchase
6.If you have a genuine grievance with respect to any Purchase from the Site and wish to return/replace a Product or revoke your Purchase, you must contact Lazurah by email to: email@example.com
7.There is no guarantee that requests for returns or refunds will be permitted and any consideration given to such a request (excluding those expressly required by law) will be determined on a discretionary basis at the sole and absolute discretion of Lazurah.
8.Lazurah will then consider the merits of your claim and at our sole discretion either:
(a)repair or replace the Product/s;
(b)provide a partial refund of not greater than 75% of the cost of the Purchase. A partial refund of the cost of the Purchase may be considered only in circumstances when the products subject of the Purchase are returned in exactly the same condition as when they were delivered;
(c)issue Lazurah store credit equal to the cost of the Purchase; or
(d)decline to provide any remedy contained in this clause.
9.Lazurah expressly disclaims, to the fullest extent permitted by law, all express, implied and statutory warranties. Where any statutory terms may not be excluded, liability in respect of them is limited to no greater than the cost of replacement of the Product/s subject to the statutory warranty.
10.Although we use our best endeavours to ensure that all information contained on the Site is accurate and up to date, we are unable to guarantee that the site is free of errors or faults.
11.We reserve the right to change information displayed on the Site (including these terms and conditions) at any time without notice to you.
12.Without affecting any statutory rights that are not capable of exclusion, we will not be liable for any losses, damages, liability, claims, expenses (present, future or contingent) arising from:
(a)the use of or connected with the Site or any products purchased on the Site; or
(b)reliance on any information or representations on this website.
13.The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under Lazurah’s control. No external site linked to the Site is endorsed by Lazurah and no responsibility is taken for material contained within them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Lazurah against any liability arising out of your accessing any linked site.
15.Your use of the service provided on this website is accepted by us on the basis that you warrant that:
(a)you will not use any form of spyware or other software, program or device to record, copy, retain or access any information on this website which is not purposefully made available to the public; and
(b)you will not commit nor assist in any acts that will have or are likely to have the effect of lessening the security, productivity or suitability of this website;
(c)use the Site directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches these terms and conditions.
(d)use the Site directly or indirectly to post or transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way.
16.You acknowledge that copyright, trade marks and all other intellectual property rights (IP Rights) in the Site, the products and in the content displayed or available through the Site (the content) belong to Lazurah.
17.Access to the Site is only for your personal use. Subject to applicable laws:
(a)unauthorised use of the content is strictly prohibited and may infringe Lazurah’s IP Rights; and
(b)no content may be reproduced, published or transmitted in any manner without the prior written consent of Lazurah.
18.Without limiting the above, and subject to applicable law, you may not without prior written permission from Lazurah:
(a)archive the content or any part of it;
(b)form a database whether electronically or otherwise by systematically downloading or storing all or any of the content; or
(c)redistribute or republish the content.
Accuracy of Personal Information
19.When providing your details in connection with a Purchase on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your personal or contact details without notifying Lazurah, you agree to indemnify Lazurah from any adverse consequences that arise out of your personal or contact details not being up-to-date.
20.You agree to fully and effectively indemnify, defend, and hold harmless Lazurah from any and all claims, liabilities, losses, damages, penalties, fines, costs and expenses, whether actual or alleged (collectively, Claims) including legal costs on a solicitor and client basis and any taxes in relation to those Claims, that arise out of or in connection with:
(a)your use of the Site (including the content); or
(b)a breach by you of these terms and conditions by you.
21.If you consider there is a legitimate dispute between Lazurah and you (the Parties) as to any part of a transaction governed by these Terms and Conditions, you must first go through the following dispute resolution process before the commencement of any arbitration or other legal proceedings.
22.You must give us notice by email to Lazurah setting out full details of the dispute (Dispute Notice).
23.To resolve the dispute:
(a)for a period of 14 days after a Dispute Notice is given (or a longer period if the Parties agree in writing), the Parties will engage in negotiations and discussions in order to seek to resolve the dispute;
(b)the Parties must participate in the negotiations and discussions referred to in clause 23(a) in good faith and will use all reasonable endeavours to resolve the dispute. The Parties may also appoint third party consultants to assist in the resolution of the dispute;
(c)if the Parties cannot resolve the dispute within the period set out in clause 23(a), you may request that the dispute be referred to mediation upon providing a written undertaking to bear all costs involved in the mediation; and
(d)if you do not undertake to pay all costs involved in the mediation, then Lazurah is not obliged to attend any mediation.
24.If the Parties to the dispute cannot agree on a mediator within seven days after a request under clause 23(c), upon the request of either Party the president of the Queensland Law Society Inc or that president’s nominee may appoint a mediator.
25.Unless agreed by the mediator and Parties, the mediation must be held within 15 days of a request for the dispute to be referred to mediation being made under clause 23(c) and must occur on the Sunshine Coast unless otherwise agreed.
26.If a Party to a dispute fails to comply with any aspect of clauses 20-24, the other Party does not have to comply with those clauses in relation to the dispute.
27.Nothing in these terms and conditions obliges Lazurah to attempt the dispute resolution process outlined in clauses 20-25 before it can take action against you.
28.Delivery of the Product/s will be made to the address nominated by you in accordance with clause 4(c) of these terms and conditions.
29.We will make all reasonable efforts to make delivery of the Product/s within the time frame stipulated on the ‘Shipping Screen’ visible when placing an order. However, time will not be of the essence and no penalty or damages will be incurred or caused by Lazurah for:
(a)late delivery; or
(b)failure to deliver; or
(c)any actions or obligations conducted or incurred by you in reliance on any expected delivery date.
The risk and all attached liability for damage of the Product/s passes to you at the point of departure of the Product/s from whichever place Lazurah stores the relevant Product/s from time to time.
30.Lazurah may charge fees for delivery. If Lazurah does charge for delivery, such charges will be disclosed on the payment page referred to at clause 4(d) of these terms and conditions and included in the invoice provided in accordance with clause 4(e) of these terms and conditions. The costs and time of delivery will vary depending on the delivery location nominated by you.
31.If the need arises under any circumstances for the re-delivery or a secondary delivery of Product/s, then Lazurah reserves its right to require payment from you before incurring any further delivery charges.
32.These terms and conditions are governed by the laws of the State of Queensland, Australia and the exclusive jurisdiction of its courts.
33.These terms and conditions and any transaction arising from them will not be interpreted, construed or applied adversely to Lazurah by reason of their having been drafted by or on behalf of Lazurah.
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