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Terms & Conditions

Web Site Terms and Conditions of Use

 

TERMS OF WEBSITE USE

The Terms of Use

Broken Lock Pty Ltd ("We or us") own and operate this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

The material on this website is protected by the copyright and trademark laws of Australia and may not be used without our written permission. No trade mark (whether registered or not) that is displayed on this website may be used in any way without our prior written permission or the permission of the relevant trade mark owner.

 

Use Licence

 

Permission is granted to temporarily download one copy of the materials (information or software) on our web site for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on our web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

 

This licence will automatically terminate if you violate any of these restrictions and may be terminated by us at any time.

Security

We cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. We provide such information and hyperlinks for your convenience only, but we are not responsible for and do not endorse the content of any such information or website.

Revisions

We may revise these Terms of Use or the Terms of Purchase below at any time in our absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Inaccuracy disclaimer

From time to time there may be information on this website that contains technical, typographical, or photographic errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. To the extent permissible at law, we do not warrant that any of the materials on its web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time without notice. However, we do not make any commitment to update the materials.

Liability

We provide this website and its contents on an "as is" basis, and make no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. To the extent permissible by law, we will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Indemnification

You agree to defend, indemnify and hold us and our employees harmless from and against any and all claims, damages, costs and expenses, including lawyers' fees, arising from or related to your use of the Site.

Termination

This agreement is effective unless and until terminated by either you or us. You may terminate this agreement at any time. We may also may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in our sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this agreement or otherwise.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Our Privacy Policy is published on this website and sets out our commitment to you on privacy.

Governing Law

We operate this website from our offices within Australia. The laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

 

General Terms and Conditions applicable to Use of a Web Site.

 

TERMS OF PRODUCT PURCHASE

The agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from our products appearing on this website. By purchasing products from this website, an agreement exists between you and us once we accept an order. Each accepted order is a separate agreement.

Orders

You place an order with us by selecting products and pressing the "buy now" button on the checkout page. We reserve the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by us at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by us upon us acknowledging such order or failing to reject such order within 14 days.

Product availability

We use our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is actually unavailable for delivery. In such cases we will refund in full all amounts you paid in respect of such unavailable product. Wet cannot provide rainchecks for products ordered online. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order.

Payment

You must pay for your products purchased on this website before we will send your piece to you. To pay for products, you may pay us directly or you will be transferred to an external site operated by PayPal. If you use PayPal, you agree that Paypal is responsible for processing and the security of your payment, and you hereby release us from any liability in relation to such payment. Please refer to Paypal's terms of use for conditions applying to payment processing services.

Variation of Products and Price

We may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.

Delivery

Please note that our pieces are handmade and may take time to make. Please allow 21 days after payment for delivery of your order. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

 

 

Privacy Policy

 

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

 

We may, from time to time, change the terms that govern your use of our site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

 

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

 

We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

 

We will only retain personal information as long as necessary for the fulfilment of those purposes.

 

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

 

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.

 

We will make readily available to customers information about our policies and practices relating to the management of personal information.

 

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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