Terms & Conditions

Terms & Conditions

By visiting this website and/or purchasing something from Lizzie Potts Kids (ABN 23 637 261 726) either through this website or in our physical store at Shop 16, 24-30 Springfield Ave Potts Point NSW 2011 (‘We’), you agree to be bound by these terms and conditions (‘Terms’) as updated from time to time, including any additional terms and conditions and policies referred to in these Terms and our website. If you do not agree to the Terms, then you may not access the website or use any services. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall be subject to the Terms. The most current version of the Terms will always appear on this page. We reserve the right to update, change or replace any part of these Terms without notice to you. Please visit this page regularly to keep updated of any changes. By visiting our website at any time you accept our Terms including any changes to them.

 Our online store is hosted on Shopify Inc an e-commerce platform.

Product Availability and pricing

We update product availability daily however sometimes we can sell out of items by the time you place an order – if this happens or if there are any delays we will let you know as soon as possible. Our products are priced in Australian dollars and include 10% GST. If you are an international order GST will not apply. Our prices may change at any time without prior notice.

Shipping

Our shipping page sets out the standard shipping costs we offer however in the unlikely event, shipping costs have been incorrectly applied to your order, we will let you know as soon as possible and we reserve the right to charge the correct shipping costs. We will ask that you accept any increased postage before we ship your order and you may cancel your order if you do not accept the shipping charge.

Payment

We accept AMEX, Visa & Mastercard which are processed through a secure payment gateway and through PayPal. We also accept payments by EFT/Direct Deposit. Our payment details will be emailed to you with your order confirmation.

We accept cash payments when stock is purchased in-store.

You must provide current, complete and accurate purchase and account information and must promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and we can contact you as needed.

Warranties

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Please note we do not, to the extent permitted by law, make any warranties or representations for the products we sell. Any warranties given are manufacturer’s warranties and the manufacturer’s warranty periods will apply.

Copyright

All material on our websites is subject to our copyright or that of our suppliers. You must not reproduce, transfer or hyperlink any of the material contained on this web site without our prior written consent.

Trademarks

Nothing contained in our website shall be construed as granting or permitting any proprietary interest, license or right to use any trademarks contained in our website which remain our exclusive property or the exclusive property of our suppliers. 

Refusal to supply services or products

We reserve the right to cancel an order or remove an item from an order  for any reason whatsoever, including if a price increase to that item was unknown to us when the product was advertised. We may also refuse or discontinue supply or services of any products without notice to persons who are deemed to engage in conduct or activities that we believe violates any party of the Terms

We may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Use

Your are prohibited from doing any of the following when using our website and products:

1. using our products for any illegal or unauthorised purpose or obscene or immoral purpose;
2. violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; or any other laws in your jurisdiction;
3. engaging in conduct to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
4. infringing upon or violating our intellectual property rights or the intellectual property rights of others
5. soliciting others to perform or participate in any unlawful acts;
6. uploading or transmitting any viruses or code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet;
7. submitting false or misleading information; and
8. collecting or tracking the personal information of others;

If you breach our Terms your access to our services will be immediately terminated.

Miscellaneous

We reserve the right to refuse services to anyone for any reason at any time.

You may not to reproduce, copy, sell, resell or exploit any part of the website or the products offered in it without our express written permission.

Accuracy of information

We are not responsible for the accuracy, currency or completeness of the information on our website and we do not have an obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We have attempted to capture the colours and images of our products as accurately as possible however we cannot guarantee that your computer monitor's display will be accurate.

Third party integrations in our website

You may access third-party integrations, for example payment gateways, as part of our website, over which we have no control or input. We do not make any warranties, representations or conditions or endorsements for these third party integrations. Access to these third party integrations is at your own risk and you should review and approve the terms for them. We will not accept any liability arising from your use of these third party integrations.

Third party links and websites

Our website may contain third party content and product links which may direct you to third-party websites that are not affiliated with us. We do not warrant and will not accept any liability arising from your use of any third-party materials, websites, materials or products or any other transactions made in connection with any third-party websites. Please ensure you review and understand the polices of third-party websites before entering into any transaction on them.

User submissions

You agree that we may edit, copy, publish, distribute, and otherwise use any comments, creative ideas, suggestions, proposals, plans, or other materials (‘submissions’), whether submitted online, by email, by post or otherwise at any time, in any medium and without restriction. We will not be obliged to keep the submissions confidential and you will not be entitled to receive compensation for them.

We reserve the right (but are not obliged) to monitor, edit or remove content that we consider to be unlawful, offensive, threatening, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false e-mail address and pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We are not responsible for and do not accept liability arising from comments posted by you or any third-party.

Errors and omissions

We reserve the right to correct any information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability without prior notice. We are not obliged to update, amend or clarify information on our website including but not limited to pricing information, unless required by law.

Limitation of liability

To the extent allowed by law, Lizzie Potts Kids, its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), directors, officers, employees, servants, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, and any loss, corruption or delay of data or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, or any other claim arising from your attendance of our shop or use of our website or your use or purchase of any products from us, including, but not limited to, any loss or damage of any kind incurred from using the website or any errors or omissions in any content, or any content (or product) posted, transmitted, or otherwise made available on the website even if we were made aware of the possibility of the loss or damage occurring.

In these Terms, Claim means any and all claims for loss arising from or in relation to your use of our websites, attendance at our physical store or your purchase of products from us. howsoever caused, whether wilfully or otherwise (including repudiation), and whether for fundamental or non-fundamental breach of contract, in tort (including negligence) or for breach of any statutory provision.

Indemnity

You indemnify and hold harmless  Lizzie Potts Kids, its related bodies corporate, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from all losses and any claim, actions, suits, demands, liabilities including costs or expenses and legal fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party or in any way connected to your use of our website, attendance of our shop or purchase from us.

Severability

In the event any part of these Terms is deemed unlawful, void or unenforceable that portion shall be severed from the Terms and shall not affect the validity and enforceability of the balance of the Terms.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement
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These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by not using our website. We may terminate this agreement and deny you access to our website and store if we suspect that you have failed, to comply with any term or provision.

Waiver

A failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and any associated policies posted on this website constitutes the entire agreement and understanding between you and us and governs your use of the website and supersedes any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

Survival

Terms and conditions that are intended by their nature to survive will survive: (i) when you cease using our websites; and (ii) when any transaction entered into with us is completed.